Employee awareness queries ?
====================
Rcently we came across a video about probation and the insights of unjustifiable terminations during probation period.
https://www.youtube.com/watch?v=QURmh98LOWQ
Usually many employees overlook these clauses while signing employee offer letter.
Under the terms of the contract there. was a further period of probation. During the period of probation the Company could terminate his service without notice and without assigning any reason. On the completion of the period of probation, either side could terminate the contract by 3 months' notice without assigning any reason. The Company could also terminate the employment by 'giving in lieu of notice, three months' salary.
On other hand,
Employee who has completed 240 days of continuous services is entitled to protection of labour laws. If retrenchment provisions are not complied with, it will attract reinstatement with back-wages. - The Industrial Disputes Act, 1947. //
So what is true?
Probation is an observatory period . A candidate whether he / she is kept in an incubation cradle .
His or her performance is kept under a lens / microscope using 360 degree vision. Behaviour, productivity, interpersonal relationships, attitude, mind-set, immersion in a company's work, Skill dominance and most important is output.
What can be the relief for forced resignation during probation period of 240 days ?
1) Many freshers claim that 6 months to 1 year probation period was concluded with exam to be cleared with percentage of 60 out of 100 , If exams are not cleared due to tough questions, Termination letter is issued What is the relief and act applicable for less than 240 days case?
2. During probabation period , if experienced employee struggle for slave culture to work 12-14 hours work and saturday work in name of unforecasted work load, What is the relief and act applicable ? (Principles of natural justice)
3, Companies after probation say that they don't have enough cash to pay all employees and terminate those who are not willing to take a price cut.
4. in probation period, in offer letter it is clearly mentioned that my office work type is remote. Now manager asking to come to office If Employee ask for online based training for remaining probabation period. Will they fire Employee?
5. Employee didn't pass probation. mainly because Training was not given for the work to be measured.
Is there any Article 311 civil servant like rights exist to protect Private limited employees or contract employees ?
termination cannot be a dismissy, removal or reduction in rank by way of punishment ......... Before a probationer is confirmed the authority concerned is under an obligation to consider whether the work of the probationer is satisfactory or whether he is suitable for the post
The authority may in some cases be of the view that the conduct of the probationer may result in dismissal or removal on an inquiry. But in those cases the authority may not hold an inquiry and may simply discharge the probationer with a view 0 to give him a chance to make good in other walks of life without a stigma at the time of termination of probation
on the other hand, the probationer is faced with an enqyiry on charges of misconduct or inefficiency or corruption, and if his services are terminated without following the provisions of Article 311(2), he can claim protection"
The Supreme Court stated that it must, according to the Appellant, hold that there is no difference between Hindustan Steel Limited and a Department of the Government and that the service under Hindustan Steel Limited is a service under the Union.
https://indiankanoon.org/docfragment/1770088/?formInput=termination%20of%20service%20during%20p robation
In https://indiankanoon.org/doc/8226904/ case ,
Schedule I Industrial Employment (Standing Orders) Central Rules, 1946 a probationer is also defined as a workman. It reads as follows:-
"A "probationer" is a workman who is provisionally employed to fill a permanent vacancy in a post and has not completed three months' service therein.
SH DILIP KUMAR TIWARI VS M/S. ASSOCIATED AVIATION PVT LTD ID No.52/06 "The terms of employment specified in the Standing Orders would prevail over the corresponding terms in the contract of service in existence on the enforcement of the Standing Order. According to the Standing Order, a workman shall not be kept on probation for more than six months."
The terms of the Standing Order would prevail in the present case as the Management had placed the workman on probation for a period of one year
Hence, as per law, it cannot be the sweet will of the dominating party i.e. the Management to place the other party on an illogically long period of probation. If it does so, it has to show the propriety and legality of such orders which the present Management had failed to do. This illogically long period of probation has hinted at the intention of the Management.
47. As the termination of the services of this workman by the Management is held to be illegal and unjustified, therefore, the workman deserves reinstatement of services.
Like Article 311 for Civil servants and Standing order taking precedence than contract signed for probation greater than 6 months in Sh Dilip Kumar Tiwari vs M/S. Associated Aviation Pvt Ltd
case , Kindly share your views and judgement citation if any for private employee protection during Probation or training period unjustified termination cases,
Michael George
VOIP - Voice of Information Technology Professionals
9444764983
https://m.facebook.com/story.php?story_fbid=pfbid0GETvtwETtYFf5phx38Fjf8Z e7p4T16TPkNEMRK7jC8VW7aQRKx1omfwm9qXA5MVwl&id=1000 64025774287&mibextid=Nif5oz
voiceofitprofessionals@gmail.com
From India, Chennai
1====================
Rcently we came across a video about probation and the insights of unjustifiable terminations during probation period.
https://www.youtube.com/watch?v=QURmh98LOWQ
Usually many employees overlook these clauses while signing employee offer letter.
Under the terms of the contract there. was a further period of probation. During the period of probation the Company could terminate his service without notice and without assigning any reason. On the completion of the period of probation, either side could terminate the contract by 3 months' notice without assigning any reason. The Company could also terminate the employment by 'giving in lieu of notice, three months' salary.
On other hand,
Employee who has completed 240 days of continuous services is entitled to protection of labour laws. If retrenchment provisions are not complied with, it will attract reinstatement with back-wages. - The Industrial Disputes Act, 1947. //
So what is true?
Probation is an observatory period . A candidate whether he / she is kept in an incubation cradle .
His or her performance is kept under a lens / microscope using 360 degree vision. Behaviour, productivity, interpersonal relationships, attitude, mind-set, immersion in a company's work, Skill dominance and most important is output.
What can be the relief for forced resignation during probation period of 240 days ?
1) Many freshers claim that 6 months to 1 year probation period was concluded with exam to be cleared with percentage of 60 out of 100 , If exams are not cleared due to tough questions, Termination letter is issued What is the relief and act applicable for less than 240 days case?
2. During probabation period , if experienced employee struggle for slave culture to work 12-14 hours work and saturday work in name of unforecasted work load, What is the relief and act applicable ? (Principles of natural justice)
3, Companies after probation say that they don't have enough cash to pay all employees and terminate those who are not willing to take a price cut.
4. in probation period, in offer letter it is clearly mentioned that my office work type is remote. Now manager asking to come to office If Employee ask for online based training for remaining probabation period. Will they fire Employee?
5. Employee didn't pass probation. mainly because Training was not given for the work to be measured.
Is there any Article 311 civil servant like rights exist to protect Private limited employees or contract employees ?
termination cannot be a dismissy, removal or reduction in rank by way of punishment ......... Before a probationer is confirmed the authority concerned is under an obligation to consider whether the work of the probationer is satisfactory or whether he is suitable for the post
The authority may in some cases be of the view that the conduct of the probationer may result in dismissal or removal on an inquiry. But in those cases the authority may not hold an inquiry and may simply discharge the probationer with a view 0 to give him a chance to make good in other walks of life without a stigma at the time of termination of probation
on the other hand, the probationer is faced with an enqyiry on charges of misconduct or inefficiency or corruption, and if his services are terminated without following the provisions of Article 311(2), he can claim protection"
The Supreme Court stated that it must, according to the Appellant, hold that there is no difference between Hindustan Steel Limited and a Department of the Government and that the service under Hindustan Steel Limited is a service under the Union.
https://indiankanoon.org/docfragment/1770088/?formInput=termination%20of%20service%20during%20p robation
In https://indiankanoon.org/doc/8226904/ case ,
Schedule I Industrial Employment (Standing Orders) Central Rules, 1946 a probationer is also defined as a workman. It reads as follows:-
"A "probationer" is a workman who is provisionally employed to fill a permanent vacancy in a post and has not completed three months' service therein.
SH DILIP KUMAR TIWARI VS M/S. ASSOCIATED AVIATION PVT LTD ID No.52/06 "The terms of employment specified in the Standing Orders would prevail over the corresponding terms in the contract of service in existence on the enforcement of the Standing Order. According to the Standing Order, a workman shall not be kept on probation for more than six months."
The terms of the Standing Order would prevail in the present case as the Management had placed the workman on probation for a period of one year
Hence, as per law, it cannot be the sweet will of the dominating party i.e. the Management to place the other party on an illogically long period of probation. If it does so, it has to show the propriety and legality of such orders which the present Management had failed to do. This illogically long period of probation has hinted at the intention of the Management.
47. As the termination of the services of this workman by the Management is held to be illegal and unjustified, therefore, the workman deserves reinstatement of services.
Like Article 311 for Civil servants and Standing order taking precedence than contract signed for probation greater than 6 months in Sh Dilip Kumar Tiwari vs M/S. Associated Aviation Pvt Ltd
case , Kindly share your views and judgement citation if any for private employee protection during Probation or training period unjustified termination cases,
Michael George
VOIP - Voice of Information Technology Professionals
9444764983
https://m.facebook.com/story.php?story_fbid=pfbid0GETvtwETtYFf5phx38Fjf8Z e7p4T16TPkNEMRK7jC8VW7aQRKx1omfwm9qXA5MVwl&id=1000 64025774287&mibextid=Nif5oz
voiceofitprofessionals@gmail.com
From India, Chennai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Minimum Wages in Maharashtra for the period January 2018 to June 2018.xls
Appointment Letter to an Employee for fixed period.doc
Notice period.jpg