spatra123
Hello, I'm in need of some urgent advice. I'm working with a start-up on probation for 6 months. I've received a termination mail with no prior intimation/dissatisfaction just 2 weeks before being permanent.
1. The notice period is 2 months in my offer letter by either or
2. No bonus was paid out on probation
3. Is the company liable to pay compensation or no

From India, Pune
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Madhu.T.K
Industrial Relations And Labour Laws
Rkn61
Hr Manager
Vmlakshminarayanan
Sr.manager - Hr&admin
Spatra123
Software Engineer

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vmlakshminarayanan
374

Hi, What is the separation clause in your appointment letter during probation period. Please check it.
From India, Madras
spatra123
Hello
You may terminate your employment with the Company, by giving not less than 2
months’ prior notice.
(ii) Further, your appointment can be terminated by the Company, with the reason in
writing, by giving you not less than 2 months’ prior notice in writing or salary in lieu
thereof
(iii) The Company reserves the right to terminate your employment summarily without
any notice period, if it has reasonable ground to believe that you are guilty of
misconduct or negligence, or have committed any fundamental breach of contract or
caused any loss to the Company.
(iv) On the termination of your employment for whatever reason, you will return to the
Company all property; documents and paper, both original and copies thereof,
including any contracts, records, lists, drawings, blueprints, letters, notes, data and
the like; and Confidential Information, in your possession or under your control
relating to your employment or to clients’ business affairs

From India, Pune
spatra123
Thanks for the response
As per the offer letter these are the clauses
any advise would be helpful, since the company has no HR, the communication is one sided , no positive response was given when asked about and exit interview or reasoning

From India, Pune
rkn61
561

As per the separation clause no. (iii), company reserves the right to effect termination without any notice period, during probation period or after completion of probation period. Hence company will not allow you any compensation.

It is therefore advised in your own interest, to hand over whatever the items belonging to your company, which you have in your possession and try to get a smooth and clear exit.

Legally speaking, if you worked for atleast one month, you are entitled to get your applicable bonus.

From India, Aizawl
spatra123
Thanks a ton for the prompt response
The clause mentions if there's reasoning, yes true
I have worked hard and no one expressed any disappointment or negative reviews till date, This termination was totally unforeseen, i have only good feedback till now
Being jobless all of a sudden, a notice or compensation would help in applying and finding a job
Is there any way out ?

From India, Pune
vmlakshminarayanan
374

Hi,

As per Clause III employment can be terminated without any notice for
" misconduct or negligence, or have committed any fundamental breach of contract or
caused any loss to the Company."

so have you indulged in any such above Act ?

From India, Madras
spatra123
None , like i mentioned I only have positive feedback till date
From India, Pune
Madhu.T.K
3761

The question of compensation will not arise because you have not worked for 240 days (over a period of 12 months in the preceding year). But the appointment order clearly says that termination should be on the basis of any reason and that also with a notice of two months or payment in lieu of notice. In the absence of any misconduct the termination should be with notice only. Even this clause will not legally stand because termination due to misconduct is a stigmatic termination and before initiating such termination, if the employee concerned is not given an opportunity to be heard, such termination will be bad in law. Therefore, just including a clause that without notice one's employment shall be terminated for any misconduct will not be maintainable.

Still, the employer can put a clause in the appointment order that "during probation the employment shall be terminated without notice and without assigning any reason thereof". In such scenario, you should never show any "reason" for termination also. If you give any reason, then the employee should be given an opportunity to defend the charge/ that reason.

In my opinion, the second clause will require that two months notice or two months salary in lieu of notice should be given to the employee in this case.

From India, Kannur
spatra123
Thanks for all your advice, 30th being my last working day, the company has even blocked email and all other access since Monday 27th without any intimation this is so humiliating
From India, Pune

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