Hello all,
My cousin has been working in the IT department of a reputed firm for the last 1.5 years. During this time, she worked as a trainee engineer for the first year and then was on probation for 6 months. However, her manager changed when the probation period started after one year in the company, and now that the probation period has ended, the manager has informed her that he will extend it for 2 months without providing a reason.
My cousin is shocked because she believes she has given her best performance during this time by completing all tasks on time. Even seven months ago, when she experienced a miscarriage, she did not take any leave and managed to work from home on all assigned tasks.
Now, she is expecting another pregnancy and has to deal with this critical situation. From her manager's words, she understands that he may not be inclined to make her a permanent employee in the company.
She is uncertain about the implications if she becomes pregnant during this extended probation period. Can the manager terminate her if she gets pregnant during this period? Can he terminate her even if she is not pregnant?
Just seeking advice on this matter. Please suggest here.
From India, Pune
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My cousin has been working in the IT department of a reputed firm for the last 1.5 years. During this time, she worked as a trainee engineer for the first year and then was on probation for 6 months. However, her manager changed when the probation period started after one year in the company, and now that the probation period has ended, the manager has informed her that he will extend it for 2 months without providing a reason.
My cousin is shocked because she believes she has given her best performance during this time by completing all tasks on time. Even seven months ago, when she experienced a miscarriage, she did not take any leave and managed to work from home on all assigned tasks.
Now, she is expecting another pregnancy and has to deal with this critical situation. From her manager's words, she understands that he may not be inclined to make her a permanent employee in the company.
She is uncertain about the implications if she becomes pregnant during this extended probation period. Can the manager terminate her if she gets pregnant during this period? Can he terminate her even if she is not pregnant?
Just seeking advice on this matter. Please suggest here.
From India, Pune
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Understanding Probation and Termination Policies
It depends on the wording of the appointment order regarding probation and confirmation. If the letter states, "You are under probation for... months, which can be extended/deemed to be on probation until a confirmation is given in writing, and during the probation period, your services may be terminated without notice and without assigning any reason thereof," then the employer's act of terminating without giving any "reason," such as poor performance, will be legally maintainable.
At the same time, some HR personnel may act strategically by terminating the service by stating, "Your performance is not up to the expectation, and therefore, we are constrained to terminate your service." This can be challenged because this termination is an order causing stigma. Certainly, before terminating for any specific reason, an opportunity should be given to the employee to be heard. For this, a charge sheet should be given, and evidence to show that the employee was not performing should be presented.
At the same time, if you do not show any reason but just cite the clause mentioned above (regarding probation and termination), then it will not cause any stigma and, as such, will be valid.
From India, Kannur
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4519It depends on the wording of the appointment order regarding probation and confirmation. If the letter states, "You are under probation for... months, which can be extended/deemed to be on probation until a confirmation is given in writing, and during the probation period, your services may be terminated without notice and without assigning any reason thereof," then the employer's act of terminating without giving any "reason," such as poor performance, will be legally maintainable.
At the same time, some HR personnel may act strategically by terminating the service by stating, "Your performance is not up to the expectation, and therefore, we are constrained to terminate your service." This can be challenged because this termination is an order causing stigma. Certainly, before terminating for any specific reason, an opportunity should be given to the employee to be heard. For this, a charge sheet should be given, and evidence to show that the employee was not performing should be presented.
At the same time, if you do not show any reason but just cite the clause mentioned above (regarding probation and termination), then it will not cause any stigma and, as such, will be valid.
From India, Kannur
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Hi, Further to what the members have mentioned about the organization's process of documenting underperformance, please ask your cousin to escalate the matter to the respective HR hierarchy. If she has any documented accolades from her past manager (please ask her to attach them), I assume there will be at least a few in a year, as this news came as a surprise to her.
Usually, reputed organizations don't make termination calls in sensitive issues like maternity and health-related matters.
Thanks
From India, undefined
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Usually, reputed organizations don't make termination calls in sensitive issues like maternity and health-related matters.
Thanks
From India, undefined
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Dear,
Please go through the appointment letter because all the terms and conditions are mentioned in it. First, read the appointment letter carefully. Please note that if an employee's performance is not satisfactory, HR/employer can extend his/her probation period, and after the extension, the employer can also terminate his/her employment.
If you have any doubts, please communicate with the Head of HRD because they have a good knowledge of rules, regulations, and laws. They will not treat you unfairly and will give you the right advice, which will remove your misconceptions.
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Please go through the appointment letter because all the terms and conditions are mentioned in it. First, read the appointment letter carefully. Please note that if an employee's performance is not satisfactory, HR/employer can extend his/her probation period, and after the extension, the employer can also terminate his/her employment.
If you have any doubts, please communicate with the Head of HRD because they have a good knowledge of rules, regulations, and laws. They will not treat you unfairly and will give you the right advice, which will remove your misconceptions.
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Dear Colleagues,
I think the questioner is asking whether a probationer can be terminated during probation when she is on maternity leave. Does maternity leave grant any protection to the probationer? Under the circumstances, what options are available to the management—whether to extend the probation or go for termination as per the provisions of the appointment letter?
We can also shed some light on this, even if this is not the question.
From India, Delhi
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I think the questioner is asking whether a probationer can be terminated during probation when she is on maternity leave. Does maternity leave grant any protection to the probationer? Under the circumstances, what options are available to the management—whether to extend the probation or go for termination as per the provisions of the appointment letter?
We can also shed some light on this, even if this is not the question.
From India, Delhi
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Extension of Probation.doc