Kritarth Consulting
Posh Programs; Hr Management Consultants
Nathrao
Insolvency N Gst Professional
+1 Other

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Kindly help me out , if an employee is asked to leave the job from the management itself even if the employee is on probation period irrespective of any department whether its HR. is it injustice or the management has the right to do so. and if its injustice, can an employee file a case in labor court against the company management.
Employees are kept on probation for assessing the suitability of the person concerned.There is no legal issue to terminate a probationer as per terms of appointment and following principles of natural justice.
I am sure the employee would have been warned, counselled in writing,before and still there is no improvement.

A Probationer may be, during ongoing Probationary Period asked to "Quit" if his/her Performance and or Behavipur during the Probation is FOUND Unsatisfactory or Not Up to the Mark and certainly before Completion of Satisfactory Probation. That is Often and generally is the part & parcel of and OR the Terms & Condition of Appointment-on-Probation. The Person in such Conditon is shown the Records of his/her Unsatisfactory Performance.
The Moot Point is whether such Removal was Not Arbitrary and the said Person was informed, from time to time of His/Her Not So Acceptable Perfomance Standards, which can be ascertained from the Records so maintained ( Not contrived at the eleventh Hour)
Kritarth Team of HR Management Professionals
13.10.18
.

May please go through my article on" Position regarding discharge of probationer" published in 2018 (2) FLR volume 157 page78 (Journal section) which clarify all the doubts
Thanks
S. Sensharma
Industrial law Consultant, Meerut


Attached Files
File Type: docx Position of Discharge of Probationers- a study.docx (17.9 KB, 111 views)

Its a fair practice and nothing wrong however for your betterment pls find out reason
Dear, You have to check the letter of appointment issued to him. Termination or force fully resign conditions, policy or clauses mentioned in the letter of appointment. Thanks & Rgsd
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