Hi All,
This is Rakesh & it is my story. i joined a company in the month of march-14. Everything was going fine. but suddently after one month my reporting manager told me to resign.
On asking the reason he said performance issue. Now the question is Can a company fire an employee in only 38 days. Are 38 days enough to measure an employee performance ? Can i take any legal action against the company. Kindly guide seniors.
Thanks,
Rakesh
From India, New Delhi
This is Rakesh & it is my story. i joined a company in the month of march-14. Everything was going fine. but suddently after one month my reporting manager told me to resign.
On asking the reason he said performance issue. Now the question is Can a company fire an employee in only 38 days. Are 38 days enough to measure an employee performance ? Can i take any legal action against the company. Kindly guide seniors.
Thanks,
Rakesh
From India, New Delhi
If you have received and signed the appointment letter, please check its clauses for separation. Then go to an experienced labour lawyer and take his advice.
Some other thoughts before you approach the lawyer:
Have they given you a goalsheet for the year?
Have they provided you with sufficient training?
What is the evidence you have to prove that you have been productive in the past 2-3 months? Can the company prove non-performance against your goalsheet?
If you have an HR department, please go and raise the issue with them.
Wish you all the best - hope this was helpful to you?
Regards,
From India, Mumbai
89Some other thoughts before you approach the lawyer:
Have they given you a goalsheet for the year?
Have they provided you with sufficient training?
What is the evidence you have to prove that you have been productive in the past 2-3 months? Can the company prove non-performance against your goalsheet?
If you have an HR department, please go and raise the issue with them.
Wish you all the best - hope this was helpful to you?
Regards,
From India, Mumbai
I have the signed appointment letter & have checked the same. it says "During your Probationary period the company may terminate your services without assigning any reason with one month notice or basic salary."
They gave me my JD, that even they handed me over a week before of firing me.
No Training were provided me.
No point of 2-3 months i only worked there a month. In one month how can a company measure an employee performace,
where you have 4 weekends & 2 leaves were there.
& let me share one more thing it was done to a HR. I was working there as a HR.
Thanks,
From India, New Delhi
They gave me my JD, that even they handed me over a week before of firing me.
No Training were provided me.
No point of 2-3 months i only worked there a month. In one month how can a company measure an employee performace,
where you have 4 weekends & 2 leaves were there.
& let me share one more thing it was done to a HR. I was working there as a HR.
Thanks,
From India, New Delhi
Dear Rakesh,
Defending yourself during the probation period is very difficult. But still you'll have your fundamental right to seek clarifications from the competent authorities details/reasons behind this. Atleast they should have the decency of, primary courtesy of issuing an oral or written warning as to what is going to happen. That apart, could you have soul searching?. Ask yourself what could be the cause, where you (could have) erred, a costly error. Do you find yourself incompetent or not capable of executing certain assignment given to you, did you not adhered to basic disciplines like reporting in time, maintaining cordial relationship with colleagues, finishing the assigned work within the expected time frame, indulged in gossiping etc. If you judge yourself blameless then you can directly request them to take you back by meeting the concerned seeking their pardon as a last chance. But still you are entitled for one month notice or pay in lieu thereof.
From India, Bangalore
Defending yourself during the probation period is very difficult. But still you'll have your fundamental right to seek clarifications from the competent authorities details/reasons behind this. Atleast they should have the decency of, primary courtesy of issuing an oral or written warning as to what is going to happen. That apart, could you have soul searching?. Ask yourself what could be the cause, where you (could have) erred, a costly error. Do you find yourself incompetent or not capable of executing certain assignment given to you, did you not adhered to basic disciplines like reporting in time, maintaining cordial relationship with colleagues, finishing the assigned work within the expected time frame, indulged in gossiping etc. If you judge yourself blameless then you can directly request them to take you back by meeting the concerned seeking their pardon as a last chance. But still you are entitled for one month notice or pay in lieu thereof.
From India, Bangalore
Hi Rakesh,
It happens in many of the companies, in probation period employer can ask to leave to the newly hired but after completion of probation period non one can ask to leave. I am in HR Department and it happens, it must have written on the offer letter that company can ask to resign.
Thanks.
From India, Delhi
It happens in many of the companies, in probation period employer can ask to leave to the newly hired but after completion of probation period non one can ask to leave. I am in HR Department and it happens, it must have written on the offer letter that company can ask to resign.
Thanks.
From India, Delhi
The company cannot ask to resign without assigning any reason whatsoever, I strongly agree with Mr. Kumar S, the employee should do soul searching what went wrong and get himself pardon by the Line Manager.
Even the company should have the courtesy to warn the HR to keep pace with the goal so given, inspite of giving warnings if the employee does not heed an ear to the line manager then only they can ask the employee to resign or there should be a grave misconduct from the employee side. 38 days from the joining is too early to judge the capability of any employee. This is purely my view, please wait for seniors to advice further
From India, Ahmadabad
Even the company should have the courtesy to warn the HR to keep pace with the goal so given, inspite of giving warnings if the employee does not heed an ear to the line manager then only they can ask the employee to resign or there should be a grave misconduct from the employee side. 38 days from the joining is too early to judge the capability of any employee. This is purely my view, please wait for seniors to advice further
From India, Ahmadabad
The appointment letter very clearly says that you can be terminated without assigning reason during probation.
As a general practice, there is no notice during that period either. (though yours talks of a months notice).
So you have no legal grounds to challenge the company.
As for evaluation, even a week is enough for an employer to realise that you are unfit for the job or that company.
You should ask your reporting supervisor to explain why he think you are unqualified or what is the performance issues, so that you can ensure that they are taken care of when you join the next job.
From India, Mumbai
As a general practice, there is no notice during that period either. (though yours talks of a months notice).
So you have no legal grounds to challenge the company.
As for evaluation, even a week is enough for an employer to realise that you are unfit for the job or that company.
You should ask your reporting supervisor to explain why he think you are unqualified or what is the performance issues, so that you can ensure that they are taken care of when you join the next job.
From India, Mumbai
I do agree with your view that the employee does not have any legal ground to challenge the company, but as a good HR practice it is the moral responsibility to give a chance of improvement. Without prejudice the Line Manager must have evaluated the candidate of his/her capabilities much before the hiring. The candidate must be hired after looking into his/her capabilities/drawbacks by the Line Manager with regards to cope with the pressure/performance is an issue which can be evaluated after been hired, but giving an opportunity to improve.
From India, Ahmadabad
From India, Ahmadabad
Sure Saji
But the question was about whether he can take legal action against the company (we agree he cant)
We do not have much details of the candidate or the company, whether it was a fresher job, or experienced, etc.
No company wants to go through the recruitment process repeatedly. Its costly and time consuming. So I assume if the line manager has terminated a person after a month, the candidate must be really unfit for that particular job, or perhaps he has a negative in the background check, or some other reason. No Line Manager likes to suddenly have a vacant position that he has to work to fill and also work to complete the work.
From India, Mumbai
But the question was about whether he can take legal action against the company (we agree he cant)
We do not have much details of the candidate or the company, whether it was a fresher job, or experienced, etc.
No company wants to go through the recruitment process repeatedly. Its costly and time consuming. So I assume if the line manager has terminated a person after a month, the candidate must be really unfit for that particular job, or perhaps he has a negative in the background check, or some other reason. No Line Manager likes to suddenly have a vacant position that he has to work to fill and also work to complete the work.
From India, Mumbai
During probation period an employee can be terminated without prior notice if the employer have about about his performance as well as his conduct in the organisation. I am working in a digital company and we have fired one of our employees immediately after 45 days of his joining i.e. during his probation period because of non performance as well as misconduct with female employees of the organization which is not acceptable at all.
From India, New Delhi
From India, New Delhi
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