Dear Sir/Madam,
I was working in a private limited concern of repute and was appointed on the 1st of May 2008. Without issuing any chargesheet or notifying me about the termination of my services 14 days before the completion of my probation period.
In the appointment letter, it was mentioned that I was appointed for a period of three months, and my probation could be extended by three more months up to one year from my joining this company. However, no second/third or fourth probation letter was issued to me. I was terminated on false grounds citing unsatisfactory work, 14 days before completing one year of my service period, i.e., on the 17th of April 2009.
Please guide me on what is legal and illegal in this situation. I have also filed a case regarding this matter in the Karkardooma court.
Thank you,
Mukesh
From India, Lucknow
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I was working in a private limited concern of repute and was appointed on the 1st of May 2008. Without issuing any chargesheet or notifying me about the termination of my services 14 days before the completion of my probation period.
In the appointment letter, it was mentioned that I was appointed for a period of three months, and my probation could be extended by three more months up to one year from my joining this company. However, no second/third or fourth probation letter was issued to me. I was terminated on false grounds citing unsatisfactory work, 14 days before completing one year of my service period, i.e., on the 17th of April 2009.
Please guide me on what is legal and illegal in this situation. I have also filed a case regarding this matter in the Karkardooma court.
Thank you,
Mukesh
From India, Lucknow
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Dear Mukesh,
You have a strong case. However, it is crucial to understand what you want to achieve. Do you want to keep the job? If so, fighting a case may worsen your relationship with the company. Do you wish to work in a place where everyone dislikes you?
They have already stated in your termination that your performance was unsatisfactory. What else are you seeking from them? Chargesheets, etc., are good to talk about but are rare occurrences, happening in select companies and governmental organizations, if I am not mistaken.
You must evaluate all aspects and not just your side. Speak with your colleagues at the office and try to understand the reasons. Perhaps visit the management team to discuss your situation amicably. This might provide you with insights on whether it is worth fighting this prolonged battle.
Best of luck,
Ukmitra
From Saudi Arabia, Riyadh
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297You have a strong case. However, it is crucial to understand what you want to achieve. Do you want to keep the job? If so, fighting a case may worsen your relationship with the company. Do you wish to work in a place where everyone dislikes you?
They have already stated in your termination that your performance was unsatisfactory. What else are you seeking from them? Chargesheets, etc., are good to talk about but are rare occurrences, happening in select companies and governmental organizations, if I am not mistaken.
You must evaluate all aspects and not just your side. Speak with your colleagues at the office and try to understand the reasons. Perhaps visit the management team to discuss your situation amicably. This might provide you with insights on whether it is worth fighting this prolonged battle.
Best of luck,
Ukmitra
From Saudi Arabia, Riyadh
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No good and professionally managed company terminates any employee without a valid reason. It's pointless to take this case to court, as an employer can extend or terminate services based on an employee's performance standards during probation. Since this is not permanent employment, your case may not succeed if taken to court. Furthermore, winning the case may hinder your future career prospects as potential employers are likely to verify with your previous employer and may view you unfavorably if they perceive you as going to extremes to protect yourself.
Legal Considerations for Probationary Employment
The law of the land typically favors permanent employees of an organization. Before taking any drastic steps, consult with your family members and seek advice from a good lawyer for further action. Best of luck.
Regards.
From India, Mumbai
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Legal Considerations for Probationary Employment
The law of the land typically favors permanent employees of an organization. Before taking any drastic steps, consult with your family members and seek advice from a good lawyer for further action. Best of luck.
Regards.
From India, Mumbai
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Termination from Employment.pdf