Hello Seniors, please guide me on the following. One employee has completed his probation period of three months properly. Then the company started his alternate Saturday off (which depends on performance basis after the probation period). After 5 months of joining, he received an email stating, "Your work is not proper; we can't continue with you." Is this the right thing? If it is okay, then is the company responsible for giving a 1-month notice period as mentioned in the appointment letter, or can they terminate the employee directly without a notice period? Please reply as soon as possible. Thank you.
From India, Pune
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3From India, Pune
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Probation Clause in Appointment Letter
What are the wordings of the Probation Clause in the appointment letter? If it states only that probation will be for 3 months, then he will need to be entitled to the notice period as stated in the appointment letter.
In case the wordings of the probation clause are that the probation period is for 3 months, which is extendable, and he will be deemed to be on probation until confirmed in writing, then the notice period will not be applicable.
Kindly review the clauses in the appointment letter.
Best Wishes,
Col. Suresh Rathi
From India, Delhi
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What are the wordings of the Probation Clause in the appointment letter? If it states only that probation will be for 3 months, then he will need to be entitled to the notice period as stated in the appointment letter.
In case the wordings of the probation clause are that the probation period is for 3 months, which is extendable, and he will be deemed to be on probation until confirmed in writing, then the notice period will not be applicable.
Kindly review the clauses in the appointment letter.
Best Wishes,
Col. Suresh Rathi
From India, Delhi
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Probation period is extendable but he got confirmation in written after completion of probation of 3 months .
From India, Pune
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From India, Pune
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Mugda Vanjari had the HR issued confirmation letter to him. If it's yes, then management can terminate by giving one month notice. Since he is a confirmed employee, he can demand three months' salary because management is not giving a proper reason for the same. Still, the employee can demand a proper reason in writing. In this way, they will come out with their version, or otherwise, he can send a letter to management stating harassment and forcible resignation.
Things will settle in the employee's favor.
Venkateesh
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Things will settle in the employee's favor.
Venkateesh
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Employee Termination After Probation
If his probation was confirmed in writing, then he has gained the status of an employee. His service can only be terminated by issuing a charge sheet, holding a domestic inquiry, etc., and without such a procedure, his termination is likely to be considered unlawful. However, assuming that he has worked for only 8 months (3 months probation and 5 months thereafter), he will not be entitled to many benefits since his tenure is very short. He can claim notice pay as mentioned in his letter of appointment. Before proceeding further, his letter of appointment as well as the letter of termination should be considered.
Regards
From India, Kolkata
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If his probation was confirmed in writing, then he has gained the status of an employee. His service can only be terminated by issuing a charge sheet, holding a domestic inquiry, etc., and without such a procedure, his termination is likely to be considered unlawful. However, assuming that he has worked for only 8 months (3 months probation and 5 months thereafter), he will not be entitled to many benefits since his tenure is very short. He can claim notice pay as mentioned in his letter of appointment. Before proceeding further, his letter of appointment as well as the letter of termination should be considered.
Regards
From India, Kolkata
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Notice Period Extension Letter Format.doc