Termination Without Warning And Threatning.

Hi PKJ
There is no such mandate with regards to the duration of probation period. Probation period is standardized at 3 months as most staff would be entitled to their PF and ESIC benefits after 3 months from the date of joining.
Cheers.
AM

Dear AM
Thanks for your reply.
There is no waiting period of three months for applicability of ESI/PF. it is payable from the day one. Please clear your concept and to the best of my knowledge there is no law which restricts probation for three months it can be six months or more even and can be extended further also. If anyone has some material on this issue kindly share with me.
Thanks….

Hello Vishnu,
When law prescribes 3 months probation period the company can not make it 6 months or anything more than 3 months even with employee's written consent. Law can not be changed by private contract. If that was the case It would become easy for all the employers to do away with the legal provisions.
Secondly even if you were doing business while still in employment, the company can not terminate you without first issuing you a show cause notice and conducting departmental enquiry. Principles of natural justice must be followed before termination. Else termination becomes illegal.
Regards
Sameer Paranjape, Adv ( Labour law consultant) Pune
9850083760

Dear all,
Industrial Employment (Standing Orders) Act,146 mandates 3 months probation period. At the end of that perion the Manager is bound either to discontinue the probationer or make him permanent employee. Even if he doent issue letter of permanancy the employee is deemed 'permanent' in law. The period can be extended only by certified standing orders approved by Goverment and not otherwise.However this protection is not available to employees in Managerial cadre.
Sameer Paranjape, Adv (Labour Law Consultant) Pune
9850083760

"Ignorance of Law is not an excuse!" What you are doing is highly unacceptable for any employer, it is a breach of trust and confidence of management.

Dear vishnu,
It is unacceptable and beyond basic ethics. "The protection of confidential business information and trade secrets is vital to the interest and successes of the Company"
Regards,
ASK

In the Industrial Employment (Standing Order) Act, 1946 and rules therein neither the “Probation” nor the “Probationary Period” has been defined.
It defines only “Probationer” in the Classification clause of workmen. Even a permanent workman when transfer to a new post he has to be treated as Probationer.
It does not mandate that no employee can be appointed on a period of probation more than three months.
As per this clause- If a permanent workman is employed as a probationer in a new post he may at any time during the probationary period of three months be reverted to his previous permanent post.
Here the word EMPLOYEE and WORKMAN is very important and the Spirit of the Act would also be seen.

what if the company is not even registered with ministry of corporate affairs. it is neither a pvt ltd , nor a public company nor a llp. is it not illegal?
No contact phone numbers or email ids on offer letter. no terms and conditions of employment, no policy. And also my business has not affected the companies target or revenue because neither of companies product conflicts with mine so clearly their business is not affected.

Dear Vishnu,
I was surprise with this matter of yours. It is completely a childish behaviour. What you have done is completely illegal.
Ashirwad Patil
Corporate IT trainer
09221586745

TS has a point. If the intentions were not wrong, then either you should have not joined or left before starting your own business. You've already mentioned that you used company's resources like using website for your personal use - this too amounts to loss on company's end viz 1st its resources & time & 2nd using it's policies & customer base for your personal purpose.
Dear Vishnuelectric, from what you've mentioned it clearly implies a completely wrong act.