Hi, I'm Deepika, 1 of our employee is not good in performance and acting weird wearing night suits to office and always busy in personal calls, not responding to me even if I talk to him when he is playing games in office hours and does not mingle with anyone so we have decided to fire him and terminate within probation period, do we still need to provide with experience letter or relieving letter ? and what about his notice period we do not want him to serve any notice period also but he says we suppose to inform termination in advance is it so?
From India, Bengaluru
Labour Law & Hr Consultant
Hr Executive


In the case of a probationer's termination during his probation period on account of his under-performance and unsatisfactory conduct, the employer can terminate his services subject to the termination clause in the contract of employment or orders of appointment. If there is no provision for notice, the employer need not issue any prior notice nor to pay any notice salary in lieu thereof.
Issue of relieving order or experience certificate would be a must if there is such a provision in the standing orders/service regulations. Even otherwise, I don't think there can be any harm in giving them to him so as to facilitate his future employment.

From India, Salem

Hi Deepika,
From another of your posts today, regarding pay slip formats what I understand is that your firm is an IT company of about 23 employees for which only the PT is deducted from the salary and the rest paid to the employee. It is not clear on whether there is a TDS deduction as a non-employee or whether there are PF or ESI deductions for employees.
The relevance of the above information here is due to the question on whether your company has all correct documentation or legal processes in place.
The current post more than performance issues of the employee seems to focus more on attitude or employee-employer perception conflicts. If there is a performance issue, then there should be records of discussions and performance improvement plan initiations, before the member's services are terminated.
Judging by the member's attitude it looks like he my not quietly leave. So it is better to either pay the notice period amount as well or to have a proper performance assessment process along with warning letters for misconduct if any, so that in further instances, the member cannot claim that he hadn't been warned or intimated.

From India, Bengaluru
Ok I understood now that TDS is only for non employee like contract employee and
PF and ESI is for Employees now what should I do to apply for PF or ESI
My plan is to go 1 by 1 as my boss wants me to started applying for these and also work on insurance
Please guide step by step

From India, Bengaluru

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