Umakanthan53
Labour Law & Hr Consultant
Nagarkar Vinayak L
Hr And Employee Relations Consultant
Rkn61
Hr Manager
+1 Other

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Respected Professionals,
Your expert views are required for the below scenario.
If any employee with a misconduct or ill attitude can be sent back in to his/her probationary period. Though his/her services has already been confirmed in the organization. If yes, kindly provide the reasons and please also advise the benefits of a confirmed employee will be given to that employee or not during the probationary period? As we give benefits to the employees after confirmation.
Thanks & Regards.
Abdul Basit

From Pakistan
In normal circumstances a confirmed employee will not be converted into a probationer. It is only after completion of his probation period, letter of confirmation is given to that employee by the management.
After confirmation, if a misconduct /indiscipline is noticed by the management, there are many ways of dealing with the same, such as, issuance of warning memos, SCN (Show cause notice) or
Charge sheet pending enquiry, or Charge sheet-cum-suspension order, depending upon the gravity of the misconduct/indiscipline and its bearing on company's image or damage.
Why he again be put into probation?

From India, Aizawl
Dear Abdul Basit,
"Probation" is the prefixed time-frame during which a newly appointed or at times a newly promoted employee's suitability for his job is observed and evaluated by the employer. Once it is declared to have been satisfactory, the next step is confirmation only.
For any misconduct either relating to behaviour or performance post confirmation, the employee can be proceeded under the relevant disciplinary rules only. Since confirmation is an irrevocable status of employment, a confirmed employee cannot be converted back to the status of a probationer in the same cadre.

From India, Salem
Dear colleague,
On the face of it this action of the employer can not be justified and perhaps unteneble in law.
I guess this action of reverting confirmed employee as a probationer who allegedly committed some misconduct is taken by way of punishment.
Apart from its propriety , do the employers have powers to take such action under any law in Pakistan? That too for yet unproven act of misconduct ?
Such actions by employer are unheard of and is against principles of natural justice
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant

From India, Mumbai
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