Termination Without Reason During Probation Period

Pooja.Delhi
I am a HR manager in a leading company at Noida. I joined the company 3 months ago and on probation period for six months. I have completed three months today. Management terminated me after 3 months of job due to personal issues with another senior colleague and also allowed me work 40 days in company and look for another job. I submitted the resignation and they accepted that also. Now, I have a proof of termination letter and acceptance of resignation letter. I want few leaves in coming days, please suggest how can I get waiver of future leaves for job interviews in next 40 days. One more question, can I as a HR Manager file a case in labour court if they don't allow waiver of leaves?
ssrow
My view on this that Probation in general is a period for employee to assess employer and vice versa. During probation, both employee and employer can leave at short notice or 1 day notice in some cases. Most of the companies have very few leaves ( SL) only or CL in some cases, but definetly not EL/annual leave.
what is not understood,by your message if the company has terminated, then resignation was not needed. In the event , you have resigned then the question of filing case against the company will not hold ground.
Hope you would find a new job soon.
vidhya bhavsar
yes in the case you already have given resignation, the question of doing case on employer will nor take any ground.
You can avail your Cl or SL but not PL.
Hope new good job for you..
saiconsult
You cannot agitate the matter in a Labour Court. Further it is not clear whether your services were terminated or you resigned from service.Other issues were answered by other members.
B.Saikumar
HR & labour Law advisor
Mumbai
babisolmanraju
Mr.
One thing should be cleared to go to Labour court for salary settlement or for leaves approval? For what purpose you want to approach statutory bodies? Please refer the appointment letter given to you at the time of Joining.Probation period is a testing period wheather the employee fit for the organization or not? After successful completion of the Probation period only one employee shall be confirmed.Hence decides twice before approaching the statutory authorities.
Raju
babisolmanraju
Dear Pooja,
The Organization given time for 40 days to relieve from your present Employer.Meanwhile you are suppose to seek another job. They may be considered for the same reason to sanction leaves even on loss of pay.You may convince them at the time of applying leaves.
khushbu.awasthi
Dear seniors,
I have recently joined a company as asst.manager HR its been only 45 days...now the management is terminating me because i have approached my CEO directly for the issue which is related to the company only.....The ED of the company told me to do so and now when said that it is said by the ED,,he is manipulation the things,,, and no one is giving me the specific reason and answer....They have terminated me without any notice also.
please tell me my rights and what are the actions which i can take against to the company or management.
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