Hi All,
I am in a dilemma. The appointment letter used by my organization states that "During the period of probation, the appointment is terminable either by the management or by you by giving one month's notice or payment of basic salary in lieu thereof." Please tell me whether this is correct or not.
As far as my knowledge is concerned, I think during probation, the employer can terminate an employee without any notice. However, once the employee is confirmed, they have to serve one month's notice or one month's salary in lieu of.
Please clarify.
Thanks,
Shilpa
From India, Bangalore
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1I am in a dilemma. The appointment letter used by my organization states that "During the period of probation, the appointment is terminable either by the management or by you by giving one month's notice or payment of basic salary in lieu thereof." Please tell me whether this is correct or not.
As far as my knowledge is concerned, I think during probation, the employer can terminate an employee without any notice. However, once the employee is confirmed, they have to serve one month's notice or one month's salary in lieu of.
Please clarify.
Thanks,
Shilpa
From India, Bangalore
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Hi Shilpa,
During the probationary period, termination of an employee is very sensitive. You have to give a show cause notice, and based on the reply, you have to give one month's notice. During the notice period, he should not take on any job responsibilities officially. For trainees, it is not necessary.
Regards,
Y. Venumadhava Reddy
From India, Hyderabad
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During the probationary period, termination of an employee is very sensitive. You have to give a show cause notice, and based on the reply, you have to give one month's notice. During the notice period, he should not take on any job responsibilities officially. For trainees, it is not necessary.
Regards,
Y. Venumadhava Reddy
From India, Hyderabad
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Dear Mr. Y. Venumadhava Reddy,
I also want to know if there is any clause in the law regarding termination during probation. Is it necessary for termination to only be on disciplinary grounds?
I have noticed that many companies release their employees during probation without providing any notice or salary. Is this legal?
If the appointment letter does not include any clause about termination during probation, what recourse does the employee have if the employer terminates them without providing pay or notice? Can they sue the organization?
Please explain the legal implications.
Regards, Shilpa
From India, Bangalore
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I also want to know if there is any clause in the law regarding termination during probation. Is it necessary for termination to only be on disciplinary grounds?
I have noticed that many companies release their employees during probation without providing any notice or salary. Is this legal?
If the appointment letter does not include any clause about termination during probation, what recourse does the employee have if the employer terminates them without providing pay or notice? Can they sue the organization?
Please explain the legal implications.
Regards, Shilpa
From India, Bangalore
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Shilpa,
Yes, there is a legal problem in the termination of an employee without notice. He can sue the company as per the labor laws.
The best way that I can suggest to you is to avoid termination. Take the resignation letter from him stating that he is resigning because of his personal problems and requesting the organization to relieve him on that date itself. I work in an MNC Pharma company, and I also follow the same method so that we don't have any risk.
Advise this to your higher management.
Regards,
Y. Venumadhava Reddy
From India, Hyderabad
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Yes, there is a legal problem in the termination of an employee without notice. He can sue the company as per the labor laws.
The best way that I can suggest to you is to avoid termination. Take the resignation letter from him stating that he is resigning because of his personal problems and requesting the organization to relieve him on that date itself. I work in an MNC Pharma company, and I also follow the same method so that we don't have any risk.
Advise this to your higher management.
Regards,
Y. Venumadhava Reddy
From India, Hyderabad
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Legal Clarification on Severance Dues & Probation Period.PDF
Legal Notice for Breach of Notice Period .docx
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