Hello Mentors, Please let me know if an employer can terminate an employee without any notice period (immediately). Please note that the employee is working in a probation period, and the basis of termination is poor performance. Looking for your best guidance. Thanks in advance, Sunita
From India, Delhi
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From India, Delhi
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It depends on cases to case basis and the appointment letter and other conditions of service. - S. K. Mittal Labour & Industrial Lawyer 9319956443
From India, Faridabad
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From India, Faridabad
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(Fact Checked)-Your reply is accurate. The termination process does depend on the employment contract and company policy, as per the Industrial Disputes Act, 1947. Good job! (1 Acknowledge point)
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Notice period and termination conditions
Notice period could be dispensed with if the appointment letter provides such a condition. However, the termination should be simple rather than punitive. If the order of termination is punitive or stigmatic in nature, it becomes mandatory to conduct an inquiry following the procedure, and an opportunity to be heard has to be given. Failure to do so may make such termination/discharge illegal and in violation of principles of natural justice.
From India, Kochi
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Notice period could be dispensed with if the appointment letter provides such a condition. However, the termination should be simple rather than punitive. If the order of termination is punitive or stigmatic in nature, it becomes mandatory to conduct an inquiry following the procedure, and an opportunity to be heard has to be given. Failure to do so may make such termination/discharge illegal and in violation of principles of natural justice.
From India, Kochi
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(Fact Checked)-Your reply is accurate. Termination during probation can be immediate, provided it's non-stigmatic and follows principles of natural justice. Good job! (1 Acknowledge point)
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Notice period.jpg
Notice Period Extension Letter Format.doc
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(Fact Checked)-Your information is accurate. An employer can terminate with pay in lieu of notice during probation due to poor performance. Keep up the good work! (1 Acknowledge point)