- Probation Period

Hi All, I am working as a HR in a company.One of our employee has left the organisation without serving the notice period.He was on probation period,and worked for only 1 month. Now we have send a letter to him, requesting him to pay a certain sum of money as he had not serve the notice period. Now i want to know can we take any legal action or any action,if he is not paying the money. The amount is 7800 which he is supposed to pay. Plz advice Thanks Kinkar

Normally, probation is understood as a period during which "services shall be terminated without notice". If the employer has the right to terminate a probationer without notice, the probationer should also be allowed to leave without notice. Therefore, no suit will be maintainable in such cases. More over, he has served only for one month. If at all you could claim from him is the training costs incurred by you. If he pleads that he was not given any training but to the contrary he had spent his entire working time for the benefit of the employer, you cannot recover any thing from him. Therefore, do not go legally. Regards, Madhu.T.K

Kinkar, Since the person has worked only for a month..there is not much you do to recover the cost incurred on him...be it training cost or otherwise. At the most, you could probably send a termination letter stating termination on grounds of indiscipline. -Suja

Hi Madhu, Thanks a lot for the information Sir. But in the offer letter,its written clearly that the employee have to serve 15 days notice period before probation,and 1 month after probation or money in lieu of that. So now can we do something apart from sending termination letter. Plz advise. Thank you kinkar sarkar