Thread Started by #Anonymous

During probation period one employee has raised the complaints to company CEO(staying abroad) about manager who was asking the employee to do the irrelevant and extra work which was out of profile(and JD) never discussed during the interview with an ordering manner and unprofessional way. The CEO was convinced and supported the emp. and assured to take action and resolve it. But when the manager came to know that the emp has raised the complaints against him.
He called the emp. Started shouting as why the complainant has been raised to his boss? Immediately he asked the employer to resign if he/she is not happy with work. When the emp. Denied for resignation he warned to terminate. And he did on the same day stating due to non-performance we are terminating you and today is your last working day. Though the emp had worked hard during probation period, there was no warning/PIP letter till date or any email on non- performance......
1. Can the employer do this with employee?
2. Shall the employee take any action on employer for spoiling the career giving bad remarks just because he got some ego problem?
Its already done 3mnths back and the employee has left the org the same day they terminated, the emp has not taken any action till date and struggling for job because of them. What can be done now. Termination word is very common for them they keep doing for any employee by giving non-performer or absconding issue. They take out all work during probation period and kick out the innocent employees. But this case is different only because he got the complaints.
Shall the employee leave this matter or take some action against the manager and employer?
I understand company has a clause for terminating an employee during probation period and after confirmation also if the employee found against code of conduct, any suspicious behaviour, misusing the confidential info of company etc……
But there shall be a valid reason or proof for termination. An employer cannot hire and fire any employee whenever they wish. During probation also there shall be some reason to terminate the employee. They cannot play with employees career. Can we take some action??
23rd March 2019 From India, Bengaluru
The Laws of our Land apply to anyone and everyone, on its soil without any distinction or dicrimination, thus they govern Start-Ups and Established Establishments registered under various Laws chiefly, Inductrial Employment(SO) Act or Shops & Esta Act and Rules, alike.
As far as Termination or Cessation of Probation is concerned, the Employers as well as the Probation has the Priviledge or Prerogative to inform the other about a decision to end the Employment Contract in course of Probationary Period with the proviso
that the Employer shall not exercise his/her discretion "ARBITRARILY" as made out in this your Post. The Employer is liable to intimate to the Probationer of its Intent to Terminate the Probationary Period, prematurely, as it were, with self-sustaining/supportive Materials-on-Record relating to Unsatisfactory Work-Performance and or Unsatisfactory Workplace Conduct/behaviour for which the Employer taken a decision to end the Probationary Period.
The Aggrieved Person is Free to Seek & Secure Justice against Arbitrary Decison of Employer without Cuase or Evidence to substatiate the Hard yet rbitrary Decision, as has been taken.
For Injustice Anywhere is Threat to Justice Everywhere.
Kritarth Team, 23.3.19
23rd March 2019 From India, Delhi
#Anonymous
Thanks for your reply. I am now so dippressed that feeling low, unable to apply for other jobs confidentiality. They have not released my experience and relieving letter also. I am unable to show my experience to new company for those gaps which creating a question mark for any interview. During my working hours there I never got any intimation on bad performance from anyone. How suddenly (in one day) they sent a termination mail and asked me to leave on the same day. Though I am a hard working and did many improvements during my probation period by giving effort beyond my work hours.I felt very insulting infront of my colleagues only because I raised my voice against my boss attitude, he made the reason of a bad performance and terminated me.
23rd March 2019 From India, Bengaluru
Hi,
The company has treated you very unfairly and they will regret it later for losing an asset like you. I am sure you will soon find another job that relates to your skill set and potential. Have you sent reminders on mail to concerned HR to issue you relieving cum experience letter?
Your efforts and positive mindset will surely attain you a better job. All the best. Always believe in yourself.
Thanks and Regards,
Akash Sharma
24th March 2019 From India, Delhi
Did you receive the wages for the period till termination?
If, no you can lodge a complaint before the labour authority in claim of un-paid wages under payment of Wages Act.
25th March 2019 From India, Mumbai
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