So I have a very new company with less than 5 employees. One of our senior employees helped me make the job offer letter. After opening the company for the first time I have to terminate someone due to very poor performance. But I do not want that to reflect on their career hence I told them that due to covid I have to let them go. Will write the same on relieving letter too. Now according to me, the termination clause in the offer letter says minimum notice so I gave them 30 days salary without any work. This employee is threatening me to provide a 60-day salary due to the last sentence in the probation period. What is the correct thing to do here?
Probationary period: As per organization policy, the probation period applicable to you shall be six (6) months. During probation, the company reserves the right to terminate the employment without any notice if your performance is not deemed satisfactory. After the probation period, the notice period will be two months.
Termination: Company may terminate your employment at any time for cause.
After the end of your probationary period, Company may terminate your employment without cause at any time by providing you with the minimum notice, or pay in lieu of such notice, and any severance pay required by the then-effective Employment Standards Act.
From Canada, Vancouver
Probationary period: As per organization policy, the probation period applicable to you shall be six (6) months. During probation, the company reserves the right to terminate the employment without any notice if your performance is not deemed satisfactory. After the probation period, the notice period will be two months.
Termination: Company may terminate your employment at any time for cause.
After the end of your probationary period, Company may terminate your employment without cause at any time by providing you with the minimum notice, or pay in lieu of such notice, and any severance pay required by the then-effective Employment Standards Act.
From Canada, Vancouver
A caveat first, we are familiar with Indian Laws and cannot speak with authority on Canadian laws, yet based on general principles it is suggested as follows:
You have mentioned about notice period of one month but there is no mention of it in the extracted termination clause, it only says the minimum notice. In that case, the notice period in the probation clause is enforceable. The mention of a minimum notice period there cannot reduce that liability.
From India, Mumbai
1530You have mentioned about notice period of one month but there is no mention of it in the extracted termination clause, it only says the minimum notice. In that case, the notice period in the probation clause is enforceable. The mention of a minimum notice period there cannot reduce that liability.
From India, Mumbai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Due Date for payment of Employee Provident Fund.docx
Employee Termination during covid 19.pdf