Dear Sir/Madam,
I have a query. If an employee has completed his/her probation period and the management is not satisfied with his/her work, can the management give him/her a notice to leave the company immediately?
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From India, Faridabad
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1I have a query. If an employee has completed his/her probation period and the management is not satisfied with his/her work, can the management give him/her a notice to leave the company immediately?
Waiting for a senior's response...
From India, Faridabad
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I see you are writing from Faridabad, so under Punjab Shops and Commercial establishment Act that also applies to Haryana :
Section 22. NOTICE OF REMOVAL.-
(1) No employee shall be removed from service unless and until one month’s previous notice or pay in lieu thereof has been given to him:
Provided that -
(a) no employee shall be entitled to the notice or pay in lieu thereof if he is removed on account of misconduct established on record;
(b) no employee shall be entitled to one month's notice or notice pay unless and until he has been in the service of the employer continuously for a period of three months.
So you do not have to pay him that. But as a general rule you must repudiate his contract on a reasonable ground and not otherwise. Or else there may be penalties from labor department.
for details
From India, Kolkata
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Section 22. NOTICE OF REMOVAL.-
(1) No employee shall be removed from service unless and until one month’s previous notice or pay in lieu thereof has been given to him:
Provided that -
(a) no employee shall be entitled to the notice or pay in lieu thereof if he is removed on account of misconduct established on record;
(b) no employee shall be entitled to one month's notice or notice pay unless and until he has been in the service of the employer continuously for a period of three months.
So you do not have to pay him that. But as a general rule you must repudiate his contract on a reasonable ground and not otherwise. Or else there may be penalties from labor department.
for details
From India, Kolkata
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The concept of probation is to test whether the employee is fit to work for you. The appointment letter generally provides that employment ends unless the employee is confirmed. Therefore, you do not need to give any reason or notice. Just let him know his employment is not confirmed.
From India, Mumbai
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From India, Mumbai
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No reason is to be given; but there is needs some basis for not granting confirmation; it cannot be and should not be arbitrary or whimsical.
From India, Kochi
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From India, Kochi
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Thank you so much for your reply, it would be help full for me.
From India, Faridabad
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From India, Faridabad
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Legal Clarification on Severance Dues & Probation Period.PDF
Appointment Letter to an Employee for fixed period.doc
Legal Compliance Plan.xls