What is the rule for probation period. Suppose an employee is being employed in an organisation for more than 1 year and in the appointment letter it has been stated that the probation period will be of 6 months and can be extended. But till date no any written communication been done in with the emplyee regarding that. And one fine day management decided to terminate an employee reason giving non-perfomance and that too without and warnings or show-caused notices.
The organisation is private and managed by a family. What could be the action from an employee against employer in Mumbai?
From India, Mumbai
1The organisation is private and managed by a family. What could be the action from an employee against employer in Mumbai?
From India, Mumbai
Please tell also some person working in my friends orgnization but they are on contract roll from last 2.5 years when disputed than they are saying to labor officer that we are working on company roll. Company want to terminated them (5 person) because company do not have any work for that contractor please tell me about this
01. They charged to managment that managment not told about contractor roll
02. what compensation for them
03. appointment letter and wages sheet ESI card of contractor
04. Pay slip not issued to any one.
Ashok
From India, New Delhi
01. They charged to managment that managment not told about contractor roll
02. what compensation for them
03. appointment letter and wages sheet ESI card of contractor
04. Pay slip not issued to any one.
Ashok
From India, New Delhi
If the appointment order says that probation is for six months then the employer should give the employee either confirmation or intimation of confirmation on his attaining six months of probation. If no extension is made in writing it shall be deemed that the employee has been confirmed. However, if the appointment order specifically words that " you will remain on probation till you are confirmed in writing" then there is no need of a communication to extend the probation.
There is nothing wrong in discharging the services of an employee on probation for non performance and for that no enquiry is to be held. However, following the principles of natural justice it is always advisable to grant the employee an opportunity to improve himself. If he was not appraised and given a communication that he should improve failing which he would lose his job, it would be unfair on the part of the employer.
If the employee discharged from service is a workman class (falling under the definition of workman of ID Act) his termination shall be justified only if he is paid retrenchment compensation of 15 days salary for the year he worked without any reference as to probation or confirmation. On the other hand, if he does not fall under the definition of workman then there is no other way but to accept the order and leave the company.
Regards,
Madhu.T.K
From India, Kannur
There is nothing wrong in discharging the services of an employee on probation for non performance and for that no enquiry is to be held. However, following the principles of natural justice it is always advisable to grant the employee an opportunity to improve himself. If he was not appraised and given a communication that he should improve failing which he would lose his job, it would be unfair on the part of the employer.
If the employee discharged from service is a workman class (falling under the definition of workman of ID Act) his termination shall be justified only if he is paid retrenchment compensation of 15 days salary for the year he worked without any reference as to probation or confirmation. On the other hand, if he does not fall under the definition of workman then there is no other way but to accept the order and leave the company.
Regards,
Madhu.T.K
From India, Kannur
Hi,
Probation period can be extended only through a formal order on or before the expiry of the probation. If not, the prescribed probation period automatically is considered to have been completed successfully.
So far as the other part of your question, you have not mentioned whether it is a Limited Company, Private Limited Company or a totally private firm. However, if you have signed any agreement before employment, there could be a mention of notice period for termination of employment in your agreement. You may check that and can claim salary in lieu of the notice period.
If in your appointment letter it has been written that your services could be terminated without notice or without quoting any reason, although that is illegal under the provisions of notice period of the Industrial Disputes Act or the Shops and Establishment Act of the State, you may have to struggle hard to make a claim, as you have already accepted that term before joining duty. However, you are free to go to the labor court or a civil court, as the case may be, to prefer your claim for the illegality on the part of your employer. If it is a private firm, you can approach to the Inspector of Shops and Establishment of your state to bring before him the violation of provisions of shops and establishment act. So, at first, you may need to check the language of your appointment before deciding any course of action against the management of he organization.
About payment of Gratuity, as per Section 4(1) & 4(2) of the Payment of Gratuity Act, 1972, if you have rendered service of NOT LESS THAN 5 years, for every completed year of service or part thereof in excess of six months, the employer is liable to pay gratuity to you at the rate of fifteen days wages based on the rate of wages last drawn by you:
From India, Delhi
Probation period can be extended only through a formal order on or before the expiry of the probation. If not, the prescribed probation period automatically is considered to have been completed successfully.
So far as the other part of your question, you have not mentioned whether it is a Limited Company, Private Limited Company or a totally private firm. However, if you have signed any agreement before employment, there could be a mention of notice period for termination of employment in your agreement. You may check that and can claim salary in lieu of the notice period.
If in your appointment letter it has been written that your services could be terminated without notice or without quoting any reason, although that is illegal under the provisions of notice period of the Industrial Disputes Act or the Shops and Establishment Act of the State, you may have to struggle hard to make a claim, as you have already accepted that term before joining duty. However, you are free to go to the labor court or a civil court, as the case may be, to prefer your claim for the illegality on the part of your employer. If it is a private firm, you can approach to the Inspector of Shops and Establishment of your state to bring before him the violation of provisions of shops and establishment act. So, at first, you may need to check the language of your appointment before deciding any course of action against the management of he organization.
About payment of Gratuity, as per Section 4(1) & 4(2) of the Payment of Gratuity Act, 1972, if you have rendered service of NOT LESS THAN 5 years, for every completed year of service or part thereof in excess of six months, the employer is liable to pay gratuity to you at the rate of fifteen days wages based on the rate of wages last drawn by you:
From India, Delhi
This is a common facade of appointment letter. No confirmation or extension is communicated. I am a victim of similiar case, where I completed six months of probation, and , although provision existed in appointment letter to extend it by further three months, but neither letter for extension or confirmation was ever issued. I will only suggest that in this HR professionals ONLY are to be blamed as they make policy, draft appointment letters and advise management on these issues. I will only say a couplet for HR professionals "Apne gam le ke kahin aur naa jaaya jaaye ! Ghar mein bikhri hui cheezon ko khud sazaya jaaye." Regards, HKA
From India, Delhi
From India, Delhi
Hello,
Although A six month prohibition period has been given in the appointment order, other wise if an employee completed 90 days working w.o. any working break, and has not been removed from the services, it mean he is automatically absorbed in the organization as an accepted employee. Even if you confirm or not, this is in writing!.
Where as in the present case this employee has been in the services for more than six months, hence he has confirm at par with other employee of the company, and he deserved to enjoy all the benefits at par with other employees of the Co. this as per I.D act of the land.
From India, Mumbai
Although A six month prohibition period has been given in the appointment order, other wise if an employee completed 90 days working w.o. any working break, and has not been removed from the services, it mean he is automatically absorbed in the organization as an accepted employee. Even if you confirm or not, this is in writing!.
Where as in the present case this employee has been in the services for more than six months, hence he has confirm at par with other employee of the company, and he deserved to enjoy all the benefits at par with other employees of the Co. this as per I.D act of the land.
From India, Mumbai
This is illegal and in absence of any written confirmation it will be presumed that the services are confirmed automatically.
No relation that its a family business most of the business are family business as far as Labor/Industrial Laws applicabilty is concerned it is applicable to most of the organization.
If the concerned person is a workmen as per definition of I.D.Act 1948 Section 2 (S) then its the most favourable condition.
If the organization is having branches / Operations/Offices in more than one state than Appropriate Govt. is Central Govt and Asst. Labor Commissioner (C) Can be contacted else State govt. is the Appropriate Govt. according to Sec 2 (a) of I.D.Act 1948.
Your matter require detailed discussion u may mailme at
or contact me at 09696787073 for further guidance.
anil chand
From India, Pune
No relation that its a family business most of the business are family business as far as Labor/Industrial Laws applicabilty is concerned it is applicable to most of the organization.
If the concerned person is a workmen as per definition of I.D.Act 1948 Section 2 (S) then its the most favourable condition.
If the organization is having branches / Operations/Offices in more than one state than Appropriate Govt. is Central Govt and Asst. Labor Commissioner (C) Can be contacted else State govt. is the Appropriate Govt. according to Sec 2 (a) of I.D.Act 1948.
Your matter require detailed discussion u may mailme at
anil chand
From India, Pune
Dear All,
Normally a person who is a frsher and dont have any experience is considered for the position of Trainee.
A person who is already trained or who has previous experience while considering for our appointment, will be taken on probationary position.
What i feel about the probation period is that this is a period which will help both the employer and employee to understand whether the job requirements and the expectations of the candidate are aligning or not. Whatever the scientific way of interview we conduct, it may not be possible to assess about the candidate in detail. During this probation both can decide about their existence in the organisation.
In the event of non issue of confirmation letter after the probation period of 6 months, it is deemed that the employee is confirmed. But to have a healthy working envirounment, it is always better to conduct the performance review after the probation period and the confirmation letter or the extension of probation letter to be given to employee.
Notice period has to be strictly adhered. Going to the Labour Court is a good option, but it is a time consuming process. It is always good to have a discussion with the employer for providing a certain time period to find out an alternative job. We have more chances of getting a job easily, once we are employed. If we say that we are not employed, it may not be conceived in a positive manner.
Expect your views / ideas / suggestions.
Thanks & Regards,
K S Sivakumaar
From India, Bangalore
Normally a person who is a frsher and dont have any experience is considered for the position of Trainee.
A person who is already trained or who has previous experience while considering for our appointment, will be taken on probationary position.
What i feel about the probation period is that this is a period which will help both the employer and employee to understand whether the job requirements and the expectations of the candidate are aligning or not. Whatever the scientific way of interview we conduct, it may not be possible to assess about the candidate in detail. During this probation both can decide about their existence in the organisation.
In the event of non issue of confirmation letter after the probation period of 6 months, it is deemed that the employee is confirmed. But to have a healthy working envirounment, it is always better to conduct the performance review after the probation period and the confirmation letter or the extension of probation letter to be given to employee.
Notice period has to be strictly adhered. Going to the Labour Court is a good option, but it is a time consuming process. It is always good to have a discussion with the employer for providing a certain time period to find out an alternative job. We have more chances of getting a job easily, once we are employed. If we say that we are not employed, it may not be conceived in a positive manner.
Expect your views / ideas / suggestions.
Thanks & Regards,
K S Sivakumaar
From India, Bangalore
Dear Friend,
The probation period is for six month and it can be extended for three more months after that if their is no conformation or termination letter, it is assumed that the particular employee is confirmed.Moreover, IF AN EMPLOYEE IS IN SERVICE CONTINUOUSLY FOR A PERIOD OF MORE THAN 210 DAYS THEN THE MANAGEMENT CAN ONLY TERMINATE HIM WITH A AUTHENTIC REASON ONLY.
Regards
Chander Mohan Mohla
From India, Delhi
The probation period is for six month and it can be extended for three more months after that if their is no conformation or termination letter, it is assumed that the particular employee is confirmed.Moreover, IF AN EMPLOYEE IS IN SERVICE CONTINUOUSLY FOR A PERIOD OF MORE THAN 210 DAYS THEN THE MANAGEMENT CAN ONLY TERMINATE HIM WITH A AUTHENTIC REASON ONLY.
Regards
Chander Mohan Mohla
From India, Delhi
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