ankitavaid320@gmail.com
7

Hi,
Recently director of a company has asked one employee to leave and this he has done without informing him in advance as the reason the director has given me that he is in a probation period simply ask him not to come we are not getting any benefit of his existence in my system, is this is the correct way to ask an employee to leave , please suggest your views.
Thanks

From India, New Delhi
Nagarkar Vinayak L
617

Dear madam
If the probationary appointment letter of this person contains the clause that the services can be terminted by either party without notice and without reasons, then it is legally rightful. Only the manner of asking him to leave is improper. On record , he can be asked to resign instead of terminating him.
The wisdom of doing this is that your judgement about him may be wrong, there is mismatch between his capabilities/passion and the demands of the job and perhaps in another nurturing environment his potential may blossom and he may succeed which is why he should not be allowed to leave with any blot.
Regards
Vinayak Nagarkar
HR-Consultant

From India, Mumbai
ankitavaid320@gmail.com
7

Hi sir, Thanks for replying me however there is no clause mentioned in the appointment so what will be the next legal step can an employee take against the director.
From India, New Delhi
Nagarkar Vinayak L
617

Dear Ankita
If he falls under 'workmen' category, he may choose the option of approaching 'Labour' Authorities under the law, alleging illegal termination and seek remedy.
Regards
Vinayak Nagarkar
HR-CONSULTANT p

From India, Mumbai
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