Facing Termination During Probation: Can I Request Leave Waivers and Consider Legal Action?

I am an HR manager in a leading company in Noida. I joined the company 3 months ago and am currently on a six-month probation period. Today marks the completion of three months since I started. The management terminated my employment after 3 months due to personal issues with a senior colleague. Despite this, they allowed me to continue working for an additional 40 days to search for another job. I submitted my resignation, which they accepted. I now have a termination letter and a resignation acceptance letter as proof.

Requesting Waiver of Future Leaves

I am seeking advice on how to request a waiver of future leaves for job interviews in the next 40 days.

Possibility of Filing a Case

Additionally, I have a question regarding the possibility of filing a case in the labor court as an HR manager if the company does not grant me the waiver of leaves.

My view on this is that probation, in general, is a period for the employee to assess the employer and vice versa. During probation, both the employee and the employer can leave with short notice, or in some cases, with a one-day notice. Most companies offer very few leaves, such as sick leave (SL) or casual leave (CL) in some cases, but definitely not earned/annual leave (EL).

What is not understood from your message is that if the company has terminated you, then resignation was not needed. In the event that you have resigned, then the question of filing a case against the company will not hold ground. Hope you find a new job soon.

Yes, in the case where you have already given your resignation, the question of taking legal action against the employer will not hold any ground. You can avail of your Casual Leave (CL) or Sick Leave (SL) but not Privilege Leave (PL). Hope you find a new good job soon.

You cannot litigate the matter in a labor court. Furthermore, it is unclear whether your services were terminated or if you resigned from the service. Other issues were addressed by fellow members.

Regards,
B. Saikumar
HR & Labor Law Advisor
Mumbai

Clarification on Approaching Statutory Bodies

One thing should be clarified: do you intend to go to the Labour Court for salary settlement or for leave approval? For what purpose do you want to approach statutory bodies? Please refer to the appointment letter given to you at the time of joining. The probation period is a testing period to determine whether the employee is fit for the organization or not. After successful completion of the probation period, only then shall an employee be confirmed. Therefore, think twice before approaching the statutory authorities.

Regards,
Raju

The organization has given you 40 days to resign from your current employer. During this time, you are expected to search for another job. They may also consider granting you leave even without pay. You can discuss this with them when applying for leave.

Thank you.

Dear seniors, I have recently joined a company as an assistant manager in HR. It's only been 45 days, and now the management is terminating me because I approached my CEO directly regarding an issue related to the company. The Executive Director (ED) of the company instructed me to do so, but now when I mentioned that it was at the ED's request, he is manipulating the situation. No one is providing me with a specific reason or answer. They have terminated me without any prior notice.

Seeking Advice on Rights and Actions

Please advise me on my rights and what actions I can take against the company or management.

Thank you.