Is It Legal to Be Terminated After Completing a Year of Probation Without Any Prior Notice?

Dear Sir/Madam,

I have worked for more than 12 months in a Private School in India. The probation period is one year. While asking for the probation order, I have been issued a notice for termination. I have not been issued any charge memos for the past year. Is it legal for me to accept the notice for termination, or should I request the reason for termination? Please provide advice to me via my email ID: shanmugam628@mail.com.

Thank you,
HEMA113
07-12-2017

Probation as an Initial Condition of Employment

"Probation" is an initial condition of the contract of employment. Details relating to its duration, aspects of its satisfactory completion by the employee, and its extension or formal declaration of completion by the employer are matters to be clarified from the contract of employment only and not from any law relating to employment/labor. Of course, the Law of Contract can help in interpreting the terms of such an employment contract and ensuring compliance. Courts have already held that the orders of declaration of probation of a newly appointed employee should be in writing by the employer, and until it is done, the status of the employee is that of a probationer only. Therefore, probation can be said to be an extension of the process of selection.

If the contract of employment provides for such a termination clause without any notice during the period of probation, there is no use in agitating now, although it is a bad HR practice on the part of the employer.

Good Morning Umakanthan Sir,

Is there a limit for the probation period and extension? In the above case, 12 months equates to one year of continued service as well.

Thanks

Dear Hema,

This kind of thing has happened where humanity is dead. You are not the only one; there are many who fall into the trap in the name of probation. The performance of probationers is being monitored, and necessary counseling is done to bring about an improvement, as per practice. You need to go through the appointment letter issued and the terms that speak of probation and confirmation of the job. If something substantial is found, it can be fought. Let us hope for the best.

Sir/Madam, In my appointment order dated 01-10-2016, it was noted as follows:

1. "You are on probation for a period of one year from the date of joining.
2. You are confirmed in your post after the satisfactory completion of the probationary period service.
3. The Management reserves the right to terminate an employee on probation period service appointment order or found to be engaged in activities not in the interest of the institution."

4. The Appointment order was signed by the CEO.
5. I joined duty on 21-10-2016.
6. I have not been issued any memo or charge sheet as of this date.
7. I completed my one-year probation period to the entire satisfaction of my superiors as of 20-10-2017.
8. As I have not been issued a Completion of Probation order even after completing one year, I have requested the Management to issue such an order.
9. But, unfortunately, my HR Department sent an email on 18-11-2017 as follows:

10. "Hi Mam, As per the discussion we had earlier on 16-11-2017 regarding your relieving, your notice ends on 16-02-2018."

11. I sent a reply on 20-11-2017 as follows:

"Thank you for your mail. Kindly let me know the reason for my future references regarding my relieving."

12. As I have not received any response from my management, I sent an email/letter by RPAD on 13-12-2017 for reconsideration of my termination of services due to the following reasons:

i. Kindly confirm if the HR Department has the power to send intimation about my termination of service since the appointment order was issued by the CEO.
ii. If the HR department has such powers, kindly send a copy of the delegation of power to the HR department for issuing intimation of termination.
iii. There is no mention of the period in which the original certificates submitted will be returned to me, which was kept in safe custody of your trust before relieving me.
iv. The reason for termination was not intimated to me in writing till the date of sending this email/letter.
v. The reason for not issuing a confirming order on completion of the probationary period.
vi. Any shortcomings, if any, in detail should be informed for further improvement so as to continue my services.
vii. Only on receipt of my request for issuing a confirmation order under reference second cited, the HR department has sent the mail under reference third cited.
viii. Management has no right to terminate the employee after the completion of the probationary period without giving any valid reason.
ix. There is no indication about the probable date of refund of EPF contribution amount since this organization is covered under "EPF exempted Establishment" or EPF non-exempted Establishment is not known.
x. There is no indication about the probable date of refund of the security deposit which is being recovered from my monthly salary.

13. Under the above circumstances, I request you to kindly reconsider the issue so as to continue the job in this organization.
14. I request you to kindly acknowledge the receipt of this email/letter.
15. I may kindly be advised whether I can issue an Advocate Notice to Management or approach the Labor Court or Consumer Court or leave the job as on 16-02-2017.

My email ID: [Email Removed For Privacy Reasons]
Mobile No. [Phone Number Removed For Privacy-Reasons].

Regards, L. HEMALATHA 15-12-2017.

Sir/Madam, In my appointment order dated 01-10-2016, it was noted as follows:

1. "You are on probation for a period of one year from the date of joining.
2. You are confirmed in your post after the satisfactory completion of the probationary period service.
3. The Management reserves the right to terminate an employee on probation period service appointment order or if found to be engaged in activities not in the interest of the institution."

4. The appointment order was signed by the CEO.
5. I joined duty on 21-10-2016.
6. I have not been issued any memo or charge sheet as of this date.
7. I completed my one-year probation period to the entire satisfaction of my superiors as of 20-10-2017.
8. As I have not been issued a completion of probation order even after completing one year, I requested the Management to issue such an order.
9. Unfortunately, my HR Department sent an email on 18-11-2017 as follows:

Hi Mam, As per the discussion we had earlier on 16-11-2017 regarding your relieving, your notice ends on 16-02-2018.

10. I sent a reply on 20-11-2017 as follows:

Thank you for your mail. Kindly let me know the reason for my future references regarding my relieving.

11. As I have not received any response from my management, I sent an email/letter by RPAD on 13-12-2017 for reconsideration of my termination of services due to the following reasons:

i. Kindly confirm if the HR Department has the power to send intimation about my termination of service since the appointment order was issued by the CEO.
ii. If the HR Department has such powers, kindly send a copy of the delegation of power to the HR Department for issuing intimation of termination.
iii. There is no mention of the period in which the original certificates submitted will be returned to me, which were kept in the safe custody of your trust before relieving me.
iv. The reason for termination was not intimated to me in writing till the date of sending this email/letter.
v. The reason for not issuing a confirming order on completion of the probationary period.
vi. Any shortcomings, if any, should be informed for further improvement so as to continue my services.
vii. Only on receipt of my request for issuing a confirmation order under reference second cited, did the HR Department send the mail under reference third cited.
viii. Management has no right to terminate the employee after completion of the probationary period without giving any valid reason.
ix. There is no indication about the probable date of refund of EPF contribution amount since this organization is covered under "EPF exempted Establishment" or "EPF non-exempted Establishment" is not known.
x. There is no indication about the probable date of refund of the security deposit which is being recovered from my monthly salary.

12. Under the above circumstances, I request you to kindly reconsider the issue so as to continue the job in this organization.
13. I request you to kindly acknowledge the receipt of this email/letter.
14. I may kindly be advised whether I can issue an Advocate Notice to Management or approach the Labor Court or Consumer Court or leave the job as on 16-02-2017.

My email ID: [Email Removed For Privacy Reasons]
Mobile No. [Phone Number Removed For Privacy-Reasons].

Regards, L. HEMALATHA 15-12-2017.

Correction of Noting Date

Kindly see my above noting dated 15-12-2017 in the last paragraph Sl.No.15. I have noted the year as 2017 instead of 2018. (Now attached below, changing the date to 16-02-2018). I may kindly be advised whether I may approach the Labor Officer after 16-02-2018, getting a termination order before receiving the termination order since there is no response from my management regarding the reason for termination.

Regards,
L. Hemalatha
23-12-2017

================================================== ===========

Appointment Order Details

In my appointment order dated 01-10-2016, it was noted as follows:
1. "You are on probation for a period of one year from the date of joining.
2. You are confirmed in your post after the satisfactory completion of the probationary period service.
3. The Management reserves the right to terminate an employee on probation period service appointment order or if found to be engaged in activities not in the interest of the institution."
4. The appointment order was signed by the CEO.
5. I joined duty on 21-10-2016.
6. I have not been issued any memo or charge sheet as of date.
7. I completed my one-year probation period to the entire satisfaction of my superiors as of 20-10-2017.
8. As I have not been issued a completion of probation order even after completing one year, I have requested the Management to issue such an order.
9. Unfortunately, my HR Department sent an email on 18-11-2017 as follows:
10. "Hi Mam,
As per the discussion we had earlier on 16-11-2017 regarding your relieving, your notice ends on 16-02-2018."
11. I sent a reply on 20-11-2017 as follows:
"Thank you for your mail. Kindly let me know the reason for my future references regarding my relieving."
12. As I have not received any response from my management, I sent an email/letter by RPAD on 13-12-2017 for reconsideration of my termination of services due to the following reasons:
i. Kindly confirm if the HR Department has the power to send intimation about my termination of service since the appointment order was issued by the CEO.
ii. If the HR department has such powers, kindly send a copy of the delegation of power to the HR department for issuing intimation of termination.
iii. There is no mention of the period in which the original certificates submitted will be returned to me, which were kept in the safe custody of your trust before relieving me.
iv. The reason for termination has not been intimated to me in writing till the date of sending this email/letter.
v. The reason for not issuing a confirming order on completion of the probationary period.
vi. Shortcomings, if any, in detail, be informed for further improvement so as to continue my services.
vii. Only on receipt of my request for issuing a confirmation order under reference second cited, the HR department sent the mail under reference third cited.
viii. Management has no right to terminate the employee after the completion of the probationary period without giving any valid reason.
ix. There is no indication about the probable date of refund of EPF contribution amount since this organization is covered under "EPF exempted Establishment" or "EPF non-exempted Establishment" is not known.
x. There is no indication about the probable date of refund of the security deposit which is being recovered from my monthly salary.
13. Under the above circumstances, I request you to kindly reconsider the issue so as to continue the job in this organization.
14. I request you to kindly acknowledge the receipt of this email/letter.
15. I may kindly be advised whether I can issue an Advocate Notice to Management or approach the Labor Court or Consumer Court or leave the job as on 16-02-2018.

My email ID: [Email Removed For Privacy Reasons]
Mobile No. [Phone Number Removed For Privacy-Reasons].

Regards,
L. Hemalatha
15-12-2017.