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Can we terminate Employee who is under probation, with immediate Effect?
There's one employee in my company, who has been found very rude / Arrogant / misbehaving with team mates / always giving back answers.
Manager of team has given him verbal warning for 2 times. Now manager has escalated the same to HR and wants to terminate employee with immediate effect. Kindly advice weather it legal or as an HR i have to sent him warning letter and them terminate him on his next offence.
There has been no email communication prior.
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Can you please share the Probation & Termination clause of appointment letter... acknowledged by the said employee.
DOJ - 14th Nov 2017.
Probation period 1 Year
Termination clause: as per appt letter:
Termination of employment
During the probationary period and any extension thereof, your services may be terminated on either side by giving one month’s notice or salary in lieu thereof. However, on confirmation the services can be terminated from either side by giving one month (30 days) notice or gross salary in lieu thereof.
Notwithstanding the above condition, the contract of service may also be terminated because of under mentioned stipulations. This will be without payment
of any compensation.
(a) If you fail, refuse or neglect to carry out and perform your duties assigned to you by the company. .
(b) For loss of confidence in you by the company for any of the act committed by you.
(c) If you are found to be guilty of fraud, insubordination or misconduct whether in course of performance of duties entrusted to you or otherwise.
(d) If you are found unfit for being entrusted with the responsible work commensurate with your position in consequences of any misconduct, moral turpitude.
(e) If you commit any act prejudicial to the continuing good relationship between you and the company.
(f) If you become physically in capacitated for the performance of your duties.
(g) If you commit breach of any of the terms of this letter of appointment.
Upon termination of employment, you will immediately hand over to the Company all correspondence, specifications, formulae, books, documents, market data, cost data, drawings, affects or records belonging to the Company or relating to its business and shall not retain or make copies of these items.
Upon termination of employment, you will also return all company property, which may be in your possession.
Give him one moth notice as per appointment order and send him off
Conduct a domestic enquiry and terminate him as he found to be violating Clause C and D above.
His actions are insubordinate and indisciplined.his team spirit is also lacking
if found guilty after following principles of natural justice then he can safely be terminated if company feels fit.Adequate dcoumentation is need to avoid any legal hassle subsequently.
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