Hi All,
I am in dilemma, the appointment letter used by my organization says that "During the period of probation, the appointment is terminable either by the management or by you by giving one month notice or payment of basic salary in lieu thereof", pls tell me whether this is right or not.
As far as my knowledge is concerned I think during probation Employer can terminate an employee without any notice but once he is confirmed they have to serve 1 months notice or 1 mths salary in lieuof.
Pls clarify.
Thanks
Shilpa
From India, Bangalore
1I am in dilemma, the appointment letter used by my organization says that "During the period of probation, the appointment is terminable either by the management or by you by giving one month notice or payment of basic salary in lieu thereof", pls tell me whether this is right or not.
As far as my knowledge is concerned I think during probation Employer can terminate an employee without any notice but once he is confirmed they have to serve 1 months notice or 1 mths salary in lieuof.
Pls clarify.
Thanks
Shilpa
From India, Bangalore
Hi Shilpa
During the probitionay period temination of an employee is very sensitive. You have to give showcause notice and based on the reply you have to give one month notice. In notice period he should not take any job responsibilities officially.
For Trainees it is not necessary.
Regards
Y.Venumadhava Reddy
From India, Hyderabad
During the probitionay period temination of an employee is very sensitive. You have to give showcause notice and based on the reply you have to give one month notice. In notice period he should not take any job responsibilities officially.
For Trainees it is not necessary.
Regards
Y.Venumadhava Reddy
From India, Hyderabad
Thanks Mr. Y.Venumadhava Reddy,
I also want to know that is there any clause given by the Law which says about termination during probation. I mean is it necessary that termination can only be on disciplinary grounds.
I have seen that many companies let their employee go off during probation without any giving any notice or salary. Is that legal?
If appointment letter doesn't contain any clause of termination during probation then what can be done by the employee if employer terminates him without giving pay/notice? Can he sue the organization?
Pls tell me the legal implications.
Regards,
Shilpa
From India, Bangalore
I also want to know that is there any clause given by the Law which says about termination during probation. I mean is it necessary that termination can only be on disciplinary grounds.
I have seen that many companies let their employee go off during probation without any giving any notice or salary. Is that legal?
If appointment letter doesn't contain any clause of termination during probation then what can be done by the employee if employer terminates him without giving pay/notice? Can he sue the organization?
Pls tell me the legal implications.
Regards,
Shilpa
From India, Bangalore
Shilpa
Yes there is legal problem in termination of employee without notice. He can sue the company as per the labour laws.
The best way that I can suggest you that avoid the termination. Take the resignation letter from him stating that he is resigning because of his personal problems and requesting the organisation to relieve him on that date itself.
I am working in a MNC Pharma company. I too follow the same method. so that we don't have any risk.
Advise to your higher management.
Regards
Y.Venumadhava Reddy
From India, Hyderabad
Yes there is legal problem in termination of employee without notice. He can sue the company as per the labour laws.
The best way that I can suggest you that avoid the termination. Take the resignation letter from him stating that he is resigning because of his personal problems and requesting the organisation to relieve him on that date itself.
I am working in a MNC Pharma company. I too follow the same method. so that we don't have any risk.
Advise to your higher management.
Regards
Y.Venumadhava Reddy
From India, Hyderabad
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Termination-emp loyment_563.pdf
Termination letter.doc