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Keerthana Chandrasekar
Dear Members,

We are into manufacturing sector and recently I came across a situation where we hired a new employee for our Machine shop floor as supervisor. This person had previous experience for 10 yrs and he was very much reluctant in performing his tasks allocated. He was still in probationary period and we were not satisying with his performance. So, He was terminated on 03/08/2022 and his July month salary was paid completely. In this case, Is it necessary to pay his August month salary since he is still in probationary !!

Here I also have query such as when an employer terminates an employee on what circumstances, the employer has to pay for such employee?

Requesting you to guide me on this topic and what laws tell about the same.

Thanks & Regards
Keerthana Chandrasekar

From Germany, Georgsmarienhuette

It is okay that you can terminate the services of a probationer without conducting prolonged enquiries. But the termination should be as per the terms and conditions of service. Normally the appointment order shall contain a clause that "during the probation, your service shall be terminated without notice and without assigning any reason thereto". In such case, you can terminate him without quoting any reason, like bad performance. If you show the bad performance as reason for termination, then you should give opportunity to the employee to show that he was a bad performer.

If the appointment order says that 'during probation the service shall be discontinued for poor performance' then also you can terminate him but for that there should be some proof to show that his performance was bad.

Often we give letters to the employees which will highlight his performance and if that kind of letters are available, then also the termination is justifiable.

If there is a general termination clause that "the services shall be terminated by means of one month notice or payment in lieu of such notice from either side", then you have to give one month salary.

In your case, the salary paid is for the period the employee was in service. Now what is mandatorily payable is the salary for three more days that he has worked. Notice pay etc will depend upon the service conditions explained above.

From India, Kannur

Mr Madhu has rightly suggested
From India, Delhi
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