Understanding Probation Rules: What Can You Do if Terminated Without Notice in Mumbai?

What is the rule for a probation period? Suppose an employee has been employed in an organization for more than 1 year, and in the appointment letter, it has been stated that the probation period will be 6 months and can be extended. However, to date, no written communication has been provided to the employee regarding that. Then, one day, the management decided to terminate the employee, citing non-performance, without any warnings or show-cause notices.

The organization is privately owned and managed by a family. What actions could an employee take against an employer in Mumbai?

This is happening in my organization as well. I need two seniors' review on this issue.

Hi Ashok,

Please also tell me about some people working in my friend's organization who are on contract roles for the last 2.5 years. When there is a dispute, they claim to the labor officer that they are working on the company's payroll. The company wants to terminate them (5 people) because there is no work available for those contractors. Can you provide me with information regarding this situation?

1. They have accused the management of not informing them about their contractor roles.
2. What compensation is due to them?
3. Can you provide the appointment letters, wage sheets, and ESI cards of the contractors?
4. Pay slips have not been issued to any of them.

Thank you.

If the appointment order says that probation is for six months, then the employer should give the employee either confirmation or intimation of confirmation upon attaining six months of probation. If no extension is made in writing, it shall be deemed that the employee has been confirmed. However, if the appointment order specifically states, "you will remain on probation until you are confirmed in writing," then there is no need for communication to extend the probation.

There is nothing wrong with discharging the services of an employee on probation for non-performance, and no inquiry is required. However, following the principles of natural justice, it is always advisable to grant the employee an opportunity to improve. If the employee was not appraised and provided communication regarding the need for improvement, failing which they would lose their job, it would be unfair on the part of the employer.

If the employee discharged from service is a workman class (falling under the definition of a workman of the ID Act), their termination shall be justified only if they are paid retrenchment compensation of 15 days' salary for the year worked without any reference to probation or confirmation. On the other hand, if they do not fall under the definition of a workman, then there is no other way but to accept the order and leave the company.

Regards,

Madhu.T.K

This is a common facade of an appointment letter – no confirmation or extension is communicated. I am a victim of a similar case where I completed six months of probation. Although the provision existed in the appointment letter to extend it by a further three months, neither the letter for extension nor confirmation was ever issued. I will only suggest that HR professionals are solely to blame as they make policies, draft appointment letters, and advise management on these issues. I will express my sentiment through a couplet for HR professionals: "Apne gam le ke kahin aur naa jaaya jaaye! Ghar mein bikhri hui cheezon ko khud sazaya jaaye." Regards, HKA

Hello,

Although a six-month probation period has been specified in the appointment order, if an employee completes 90 days of continuous work without any breaks and has not been terminated, it means they are automatically absorbed into the organization as a confirmed employee. Whether confirmed or not, this is documented.

In the present case, this employee has been with the company for more than six months, therefore, they should be confirmed on par with other employees and entitled to enjoy all benefits equal to other employees of the company. This is in accordance with the Industrial Disputes Act of the country.

Dear All,

Normally, a person who is a fresher and doesn't have any experience is considered for the position of Trainee. A person who is already trained or who has previous experience, while being considered for our appointment, will be taken on a probationary position.

In my opinion, the probation period is essential as it helps both the employer and employee to understand whether the job requirements and the candidate's expectations are aligned. Regardless of the scientific way we conduct interviews, it may not always be possible to assess the candidate in detail. During this probationary period, both parties can decide on their continued presence in the organization.

If a confirmation letter is not issued after the 6-month probation period, it is deemed that the employee is confirmed. However, for a healthy work environment, it is advisable to conduct a performance review after the probation period and provide the confirmation letter or an extension of the probation letter to the employee.

The notice period must be strictly adhered to. While resorting to the Labor Court is an option, it is a time-consuming process. It is better to have a discussion with the employer regarding a certain timeframe to find another job. Once employed, it is easier to secure a new job. Stating that one is unemployed may not be perceived positively.

I look forward to hearing your views, ideas, and suggestions.

Thanks & Regards,

K S Sivakumaar

Dear Friend,

The probation period is for six months and it can be extended for three more months. If there is no confirmation or termination letter, it is assumed that the particular employee is confirmed. Moreover, if an employee is in service continuously for a period of more than 210 days, then the management can only terminate him with an authentic reason.

Regards,
Chander Mohan Mohla

Hello, guys.

I have come across a similar case before here at work. First of all, an employee whose appointment letter states a probation period as 6 months, then that is how long the probation period is going to be. I have never heard of a probation period being extended. An employer should have the responsibility of monitoring the employee during the probation period and give any necessary feedback and address any gaps he notices way before the end of the probation period. Should the employer realize at any time during the probation period that this employee is not up to scratch, he may rightfully/legally terminate the employment "without" giving any reason for this termination (just cause). This right can be exercised by the employee as well during the probation period. An employee who does not receive any written communication regarding his/her probation confirmation can legally assume himself confirmed in that position at the end of the six months. No employer is legally allowed to terminate employment without giving a reason. This is my first comment; I hope my English is understandable. Thank you, guys.