Umakanthan53
Labour Law & Hr Consultant
Somdutt840
Manager
+2 Others

Thread Started by #hema113

Sir/Madam. I have worked for more than 12 months in a Private School in India.Probation period is one year. While asking probation order, I have been issued notice for termination . I have not issued any charge memos for the past one year. Is it legal and can I accept the Notice for termination or call for reason for termination. Please give advise to me through My e mail ID: .
HEMA113
07-12-2017
7th December 2017 From India, Chennai
Dear Hema,
" Probation " is an initial condition of the contract of employment and details relating to its duration, aspects of its satisfactory completion by the employee and its extension or formal declaration of completion by the employer are matters to be searched for clarification,if any from the contract of employment only and not from any Law relating to employment/Labor. Of course, the Law of Contract can be of help in the matter of interpretation of the terms of such an employment contract and their compliance. Courts have already held that the orders of declaration of probation of a newly appointed employee should be in writing by the employer and till it is done the status of the employee is that of probationer only. Therefore, probation can be said to be an extension of the process of selection.
If the contract of employment provides for such a termination clause without any notice during the period of probation, no use in agitating now though it is a bad HR practice on the part of the employer.
7th December 2017 From India, Salem
Good Morning Umakanthan Sir,
Is there is a limit for probation period and extension. As in the above case, 12 months equivalents to one year of continued service too.
Thanks
8th December 2017 From India, Mumbai
Dear Go through ur appointment letter what it speaks
8th December 2017 From India, Gurgaon
Dear Hema,
This kind of thing is happened where humanity in dead. You are not only one, there are many fall into trap in name of probation. The performance of probationers are being monitered and necessary counseling is done to bring an improvement, as per practice. You need to go through the appointment letter issued and the terms speak of probation and confirmation of job. If something substantial found can be fought. Let us hope for best.
9th December 2017 From India, Mumbai
Sir/Madam,
In my appointment order dated 01-10-2016 it was noted as follows:-
1. " You are on probation for a period of one year from the date of joining.
2 you are confirmed in your post after the satisfactory completion of probationary period service.
3. The Management reserves the right to terminate an employee on probation period service appointment order or found to be engaged n activities not in the interest of the institution. "

4. The Appointment order was signed by CEO.
5. I have joined duty on 21-10-2016.
6. I have not issued any memo or charge sheet as on date.
7. I have completed my one year probation period to the entire satisfaction of my superiors as on 20-10-2017.
8. As, I have not been issued Completion of probation order even after compelling one year, I have requested the Management to issue such order.
9. But, unfortunately, my HR Department hs sent an E Mail on 18-11-2017 as follows:-
10. Hi Mam,
As per the discussion we had earlier on
16-11-2017 regarding your relieving, your Notice
ends on 16-02-2018.
11. I have sent a reply on 20-11-2017 as follows:-

Thank you for your mail. Kindly let me know
the reason for my future references regarding
my relieving .
12. As I have not received any response from my management, I have sent an E-Mail / letter By RPAD on 13-12-2017 for reconsidering of my termination of services due to the following reasons:-

i.. Kindly confirm HR Deppt has got power to snd intimation about my termination of service since the appointment order was issued by CEO.
ii) If HR department having such powers, kindly send a copy of delegation of power to HR department for issuing intimation of termination.
iii) There is no mentioning of period in which the original certificates submitted will be returned to me which was kept in safe custody of your trust before relieving me.
iv) Reason for termination was not intimated to me in writing till the date of sending this email/letter.
v) Reason for not issuing confirming order on completion of probationary period.
vi) Shortcoming if any in detail be informed for further improvement so as continue my services.
vii) Only on receipt of my request for issuing confirmation order under reference second cited, the HR department has sent the mail under reference third cited.
viii) Management has no right to terminate the employee after completion of probationary period without giving any valid reason.
ix) There is no indication about the probable date of refund of EPF contribution Amount since this organization is covered under “EPF exempted Establishment ” or EPF non – exempted Establishment” is not known.
viii) There is no indication about the probable date of refund of security deposit which is being recovered from my monthly salary.
13. Under the above circumstances, I request you to kindly re-consider the issue so as to continue the job in this organisation.
14. I request you to kindly acknowledge the receipt of this E-Mail/letter.
15. I may kindly be advised whether I can issue Advocate Notice to Management or approach the Labor Court or Consumer Court or leave the job as on 16-02-2017.
My E mail ID;
Mobile No. 9841288978.
Regards,
L. HEMALATHA
15-12-2017.
15th December 2017 From India, Chennai
Sir/Madam,
In my appointment order dated 01-10-2016 it was noted as follows:-
1. " You are on probation for a period of one year from the date of joining.
2 you are confirmed in your post after the satisfactory completion of probationary period service.
3. The Management reserves the right to terminate an employee on probation period service appointment order or found to be engaged n activities not in the interest of the institution. "

4. The Appointment order was signed by CEO.
5. I have joined duty on 21-10-2016.
6. I have not issued any memo or charge sheet as on date.
7. I have completed my one year probation period to the entire satisfaction of my superiors as on 20-10-2017.
8. As, I have not been issued Completion of probation order even after compelling one year, I have requested the Management to issue such order.
9. But, unfortunately, my HR Department hs sent an E Mail on 18-11-2017 as follows:-
10. Hi Mam,
As per the discussion we had earlier on
16-11-2017 regarding your relieving, your Notice
ends on 16-02-2018.
11. I have sent a reply on 20-11-2017 as follows:-

Thank you for your mail. Kindly let me know
the reason for my future references regarding
my relieving .
12. As I have not received any response from my management, I have sent an E-Mail / letter By RPAD on 13-12-2017 for reconsidering of my termination of services due to the following reasons:-

i.. Kindly confirm HR Deppt has got power to snd intimation about my termination of service since the appointment order was issued by CEO.
ii) If HR department having such powers, kindly send a copy of delegation of power to HR department for issuing intimation of termination.
iii) There is no mentioning of period in which the original certificates submitted will be returned to me which was kept in safe custody of your trust before relieving me.
iv) Reason for termination was not intimated to me in writing till the date of sending this email/letter.
v) Reason for not issuing confirming order on completion of probationary period.
vi) Shortcoming if any in detail be informed for further improvement so as continue my services.
vii) Only on receipt of my request for issuing confirmation order under reference second cited, the HR department has sent the mail under reference third cited.
viii) Management has no right to terminate the employee after completion of probationary period without giving any valid reason.
ix) There is no indication about the probable date of refund of EPF contribution Amount since this organization is covered under “EPF exempted Establishment ” or EPF non – exempted Establishment” is not known.
viii) There is no indication about the probable date of refund of security deposit which is being recovered from my monthly salary.
13. Under the above circumstances, I request you to kindly re-consider the issue so as to continue the job in this organisation.
14. I request you to kindly acknowledge the receipt of this E-Mail/letter.
15. I may kindly be advised whether I can issue Advocate Notice to Management or approach the Labor Court or Consumer Court or leave the job as on 16-02-2017.
My E mail ID;
Mobile No. 9841288978.
Regards,
L. HEMALATHA
15-12-2017.
15th December 2017 From India, Chennai
Sir / Madam,
Kindly see my above noting dated 15-12-2017 in last para Sl.No.15. I have noted the year as 2017 instead of 2018. (Now attached below changing the date as 16-02-2018)
I may kindly be advised whether I may approach the Labor Officer after (16-02-2018) getting termination order before receiving termination order sine there is no response from my management for the reason for termination.

Regards,
L. Hemalatha
23-12-2017
================================================== ===========
Sir/Madam,
In my appointment order dated 01-10-2016 it was noted as follows:-
1. " You are on probation for a period of one year from the date of joining.
2 you are confirmed in your post after the satisfactory completion of probationary period service.
3. The Management reserves the right to terminate an employee on probation period service appointment order or found to be engaged activities not in the interest of the institution. "
4. The Appointment order was signed by CEO.
5. I have joined duty on 21-10-2016.
6. I have not issued any memo or charge sheet as on date.
7. I have completed my one year probation period to the entire satisfaction of my superiors as on 20-10-2017.
8. As, I have not been issued Completion of probation order even after compelling one year, I have requested the Management to issue such order.
9. But, unfortunately, my HR Department hs sent an E Mail on 18-11-2017 as follows:-
10. Hi Mam,
As per the discussion we had earlier on 16-11-2017 regarding your relieving, your Notice
ends on 16-02-2018.
11. I have sent a reply on 20-11-2017 as follows:-
Thank you for your mail. Kindly let me know the reason for my future references regarding
my relieving.
12. As I have not received any response from my management, I have sent an E-Mail / letter By RPAD on 13-12-2017 for reconsidering of my termination of services due to the following reasons:-
i.. Kindly confirm HR Deppt has got power to snd intimation about my termination of service since the appointment order was issued by CEO.
ii) If HR department having such powers, kindly send a copy of delegation of power to HR department for issuing intimation of termination.
iii) There is no mentioning of period in which the original certificates submitted will be returned to me which was kept in safe custody of your trust before relieving me.
iv) Reason for termination has not been intimated to me in writing till the date of sending this email/letter.
v) Reason for not issuing confirming order on completion of probationary period.
vi) Shortcoming if any in detail be informed for further improvement so as continue my services.
vii) Only on receipt of my request for issuing confirmation order under reference second cited, the HR department has sent the mail under reference third cited.
viii) Management has no right to terminate the employee after completion of probationary period without giving any valid reason.
ix) There is no indication about the probable date of refund of EPF contribution Amount since this organization is covered under “EPF exempted Establishment ” or EPF non – exempted Establishment” is not known.
viii) There is no indication about the probable date of refund of security deposit which is being recovered from my monthly salary.
13. Under the above circumstances, I request you to kindly re-consider the issue so as to continue the job in this organization.
14. I request you to kindly acknowledge the receipt of this E-Mail/letter.
15. I may kindly be advised whether I can issue Advocate Notice to Management or approach the Labor Court or Consumer Court or leave the job as on 16-02-2018.
My E mail ID;
Mobile No. 9841288978.
Regards,
L. HEMALATHA
15-12-2017.
23rd December 2017 From India, Chennai
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