Can an employer terminate an employee within a month? The employer is citing poor performance as the reason for termination.
Employee Rights and Termination
Can the employee file a case against the employer for compensation? Please suggest.
Regards,
Amit
From India, Mumbai
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Employee Rights and Termination
Can the employee file a case against the employer for compensation? Please suggest.
Regards,
Amit
From India, Mumbai
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I understand that losing a job within a month of starting can be a challenging situation, akin to being awarded a trophy only to have it taken away later on under the pretext of a mistake. However, it is important to recognize that nothing comes without its share of responsibilities and consequences. Most companies outline their recruitment, retention, and separation policies in the appointment letter, albeit sometimes briefly.
I suggest you review your appointment letter for the following details:
1. Your probation period
2. Termination/separation policy for both parties during and after the probationary period
3. Terms related to separation, such as notice period and buyout options.
It is within a company's rights to terminate an employee based on performance. If an employee is not contributing effectively, they may become a liability to the company, prompting the need for termination. Many companies typically issue a warning letter regarding poor performance, providing a chance for improvement within a specified deadline before termination. However, specific procedures may vary based on the company's policies.
In some cases, companies may terminate employees immediately during the probation period without detailed communication of the reasons. If such procedures are outlined in your appointment letter, there may be limited recourse available. I recommend seeking advice from senior colleagues to explore any potential options in this situation.
Best of luck.
Regards
From India, Mumbai
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379I suggest you review your appointment letter for the following details:
1. Your probation period
2. Termination/separation policy for both parties during and after the probationary period
3. Terms related to separation, such as notice period and buyout options.
It is within a company's rights to terminate an employee based on performance. If an employee is not contributing effectively, they may become a liability to the company, prompting the need for termination. Many companies typically issue a warning letter regarding poor performance, providing a chance for improvement within a specified deadline before termination. However, specific procedures may vary based on the company's policies.
In some cases, companies may terminate employees immediately during the probation period without detailed communication of the reasons. If such procedures are outlined in your appointment letter, there may be limited recourse available. I recommend seeking advice from senior colleagues to explore any potential options in this situation.
Best of luck.
Regards
From India, Mumbai
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I endorse Ankita's view that employers have all rights to get rid of unproductive resources. However, I would like to add a few things here:
1. It's true that termination can be done on the ground of poor performance, but it can't be a lame excuse.
2. Proper notice period as well as compensation in case of termination is necessary; else, the employer's actions may be considered "Arbitrary" and without providing a Reasonable Opportunity for the employee to be heard.
3. If the job pertains to a technical role with a mediocre to long learning curve, then again, the employer's actions may become invalid.
In a nutshell, it can't be generalized, but nevertheless, it can be said that as long as the employer's actions are fair and just, not merely on the surface but also in action, there is not much remedy available to the terminated employee unless, of course, the employee is able to convincingly rebut this presumption.
From India, Gurgaon
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1. It's true that termination can be done on the ground of poor performance, but it can't be a lame excuse.
2. Proper notice period as well as compensation in case of termination is necessary; else, the employer's actions may be considered "Arbitrary" and without providing a Reasonable Opportunity for the employee to be heard.
3. If the job pertains to a technical role with a mediocre to long learning curve, then again, the employer's actions may become invalid.
In a nutshell, it can't be generalized, but nevertheless, it can be said that as long as the employer's actions are fair and just, not merely on the surface but also in action, there is not much remedy available to the terminated employee unless, of course, the employee is able to convincingly rebut this presumption.
From India, Gurgaon
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Dear Ankita, thank you for the reply. I did not receive any appointment letter after continuous follow-up. Before joining, they knew my career background. Even though they selected me, how can they do this in just one month? They only gave me half the salary for the next month. What do I have to do? Please tell.
Regards,
Amit Jain
From India, Mumbai
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Regards,
Amit Jain
From India, Mumbai
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Hi Amit,
In the absence of an appointment letter, I believe there is little we can do. Have they added you to their attendance registry? Request them to provide you with an appointment letter and a termination letter, both on the company's formal letterhead.
How was your job confirmation conveyed? Was it done over the phone or via email? Do you have any evidence of the company appointing you to the desired position?
Regards,
[Username]
From India, Mumbai
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In the absence of an appointment letter, I believe there is little we can do. Have they added you to their attendance registry? Request them to provide you with an appointment letter and a termination letter, both on the company's formal letterhead.
How was your job confirmation conveyed? Was it done over the phone or via email? Do you have any evidence of the company appointing you to the desired position?
Regards,
[Username]
From India, Mumbai
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I assume you were on probation. During probation, in general, companies can terminate with one week's notice. Some companies provide a higher notice period even during probation. Since you do not have an appointment letter, you cannot fight for higher notice pay as there is nothing to base the claim on. The company is free to terminate you within a month's time. You cannot complain about that. If your performance did not meet the mark, why would they keep you? Knowing your background does not mean they will accept less than required performance unless your background indicates that you are not good at your work. It's a bad situation to be removed from a job so soon. However, there is little you can do except look for another job immediately.
From India, Mumbai
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From India, Mumbai
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In the absence of an appointment letter, I think there's little we can do. Have they put you in their attendance registry? Ask them to give you an appointment letter as well as a termination letter, both on the company's formal letterhead. How was your job confirmed? Was that over the phone or via email? Do you have any proofs of the company appointing you to the desired position?
Confirmation and Proofs
They confirmed me by email. They maintain an attendance registry. I have my own visiting card from the company. Nowadays, I think they will not provide an appointment letter as well as a termination letter. So, I have lots of proof that I was working there. Can I knock on the labor court's door?
Regards,
Amit Jain
From India, Mumbai
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Confirmation and Proofs
They confirmed me by email. They maintain an attendance registry. I have my own visiting card from the company. Nowadays, I think they will not provide an appointment letter as well as a termination letter. So, I have lots of proof that I was working there. Can I knock on the labor court's door?
Regards,
Amit Jain
From India, Mumbai
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I wonder what people think happens at labor courts. Do you think you can file an application, and the court will order the employee to take you back? Any decision the labor court takes will be after 5 odd years, and the company will appeal and take another 20 years. Do you have money to spend until then on lawyers?
In any case, tell me on what grounds will be your "knocking" on the court? On what grounds will you ask for relief? And what relief will that be? That the employer be forced to keep you on rolls just because he made a mistake of hiring you?
From India, Mumbai
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In any case, tell me on what grounds will be your "knocking" on the court? On what grounds will you ask for relief? And what relief will that be? That the employer be forced to keep you on rolls just because he made a mistake of hiring you?
From India, Mumbai
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf