Termination Of Service - Probation Period

We hired an electrician in the worker category, but his performance was not up to the mark, so his probation period was extended by 3 months. However, there was no improvement in his performance during the extended probation period, and he was given another extension for 3 months. Unfortunately, he did not show any improvement. No action was taken, and the person continues to work with us. His service now exceeds 13 months. When we discussed the situation with him, he mentioned that he would leave once he secures another job.

What legal remedies are available, or how should we proceed in resolving this case? Your advice would be greatly appreciated.

Regards,
Maverick Venus

Dear Venus,

He has already completed 240 days, and now he has attained the status of a permanent employee. You should not have extended his probation. If you now wish to terminate his services, you must follow the complete disciplinary procedure, such as issuing a charge sheet for not working properly, conducting a domestic enquiry, and proving the charges during the enquiry. Only then can you terminate his employment. This legal solution may not seem practical.

Thank you,
J. S. Malik

Dear Sir,

I was under the impression that until you provide a letter of confirmation to the employee, he is not a permanent employee. But what you have mentioned is really very informative. Is this rule applicable for all sectors or limited sectors?

With regards,
Sujata

Dear Sujatha,

It is mentioned in the Industrial Dispute Act and is applicable to all.

Thanks,
J. S. Malik

Dear Sir,

I have read in some magazine that some honorable court has passed an order in a case that until it is provided in writing, the employee is not deemed to be confirmed.

Regards,
Amit Anand Gera

Dear Venus,

I totally agree with Mr. J's Malik's to-the-point statement, and you can see it reflected in the ID Act as well.

Jai Bakshi

Hello friends, I want to add something. If you don't issue a probation extension letter to the said employee, he will be treated as a permanent employee even if you have not issued the confirmation letter. :icon1:

Hi friends,

In our company, one of the employees resigned from their job without giving any notice period. How can we take action against him?

Hi Kanmani,

It depends on your company's policy. According to our policy, the employee should give one month's notice or compensation in lieu of notice as decided by the company.

Kalpana