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?
Waiting for a senior's response...
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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Notice of Removal Under Punjab Shops and Commercial Establishment Act
I see you are writing from Faridabad, so under the Punjab Shops and Commercial Establishment Act, which 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 reasonable grounds and not otherwise. Or else, there may be penalties from the labor department.
For details, please refer to the specific provisions of the Act.
From India, Kolkata
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I see you are writing from Faridabad, so under the Punjab Shops and Commercial Establishment Act, which 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 reasonable grounds and not otherwise. Or else, there may be penalties from the labor department.
For details, please refer to the specific provisions of the Act.
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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Legal Clarification on Severance Dues & Probation Period.PDF
Appointment Letter to an Employee for fixed period.doc
Legal Compliance Plan.xls