Hi,
I recommend if you can put her under PIP for a month and closly moniter her performance then only you guys can take any action. Just a suggestion otherwise the employee can also back fire.
Thanks
Ankur Singh
From India, Delhi
I recommend if you can put her under PIP for a month and closly moniter her performance then only you guys can take any action. Just a suggestion otherwise the employee can also back fire.
Thanks
Ankur Singh
From India, Delhi
Thats is what this fraternity expects from members. This means the Solution with the reference of the law. correct response from you. Regards,
From India, Pune
1From India, Pune
Dear Soo Teng,
You are mixing two issues together I guess.
Issue that may likely to fall under the Industrial Disputes Act, 1947.
Your contention is that, you recruited one female employee & kept her on probation. During her probationary period you found out that her performance is not upto the mark & she is not fit for your organisation.
Now you wish to terminate her services before she completes the probationary period.
Under the above circumstances you will have to check under what capacity she is employed. Whether she enjoys any protection under the Industrial Disputes Act, 1947 or not.
If she falls under the definition of Workman as per Section 2 (s) of the I.D. Act, 1947 she may raise an industrial dispute at later stage.
This will however not stop you from terminating her services provided you terminate her services by way of discharge simplicitor so that the termination will not amount to retrenchment. It will also not cast any stigma on employee. While terminating the services you will have to pay one months notice pay to the said employee.
The next issue is of Maternity Benefit Act, 1961.
If an employee draws salary/wages below than Rs.10,000/- p.m. & the area from where your company is operating is covered by the ESIC she will not be covered under the M.B. Act, 1961.
In my opinion even if she is covered under M.B. Act, 1961, it should not stop you from terminating her services by way of discharge simplicitor.
Regards
Manoj
You are mixing two issues together I guess.
Issue that may likely to fall under the Industrial Disputes Act, 1947.
Your contention is that, you recruited one female employee & kept her on probation. During her probationary period you found out that her performance is not upto the mark & she is not fit for your organisation.
Now you wish to terminate her services before she completes the probationary period.
Under the above circumstances you will have to check under what capacity she is employed. Whether she enjoys any protection under the Industrial Disputes Act, 1947 or not.
If she falls under the definition of Workman as per Section 2 (s) of the I.D. Act, 1947 she may raise an industrial dispute at later stage.
This will however not stop you from terminating her services provided you terminate her services by way of discharge simplicitor so that the termination will not amount to retrenchment. It will also not cast any stigma on employee. While terminating the services you will have to pay one months notice pay to the said employee.
The next issue is of Maternity Benefit Act, 1961.
If an employee draws salary/wages below than Rs.10,000/- p.m. & the area from where your company is operating is covered by the ESIC she will not be covered under the M.B. Act, 1961.
In my opinion even if she is covered under M.B. Act, 1961, it should not stop you from terminating her services by way of discharge simplicitor.
Regards
Manoj
Dear All
Performance etc is no criteria,you will have to strictly follow the Naternity Benefit Act.Also see the Employee defenition inthe Act .It may be even construed as Sexual Harassment .
With Regards
V.Sounder Rajan
E-mail :rajanassociates@eth.net,
From India, Bangalore
Performance etc is no criteria,you will have to strictly follow the Naternity Benefit Act.Also see the Employee defenition inthe Act .It may be even construed as Sexual Harassment .
With Regards
V.Sounder Rajan
E-mail :rajanassociates@eth.net,
From India, Bangalore
Hi,
I agree with Mr. Afsal Abdulkhani
but even in the Maternity act 1961 is not saying that the employee is who is performing / not performing well in the organization then the management has all the right to take the necessary action towards the Employee
But you must be very care full while terminating to any emmployee, i appreciate to go through your appointment letter whihc has been issued to the employee at the time of joining the organization just follow the same with every individual employee of the organization......
if your, appointment is not clearly specifying that about the termination part then need to focus a lot before terminating the such said employee.
Better first discuss with that particular employee, about her inhibiting factors and then see where it is going wrong then take the necessary precaution towards the said employee, because as you said that she is probation period and pregnant
as she working with your organization since 80 days, by this particular time framing you cannot judge any employee performance, she has to mingle with the company and the projects what you guys have assigned to her/him...
before taking any action on that particular employee have discussion with her senior and then take the necessary precaution.
even then after discussion want to terminate her then take the reports from her about her pregnancy and then decide as per your company policies says, if not frame the policy immediately then take the necessay action with her, and coming to paying towards the compensation she is not entitle for the MB as she is not applied for the maternity leave, in due course see that the said employee will not apply leave towards the maternity, if she applies then your Organization has no right to terminate her being showing the bad performance and hereafter entitle to pay the salary for about 12 weeks.
I appreciate if you have again doubt about the same, then feel free to get in touch with the said contact number of email address
With regards
Satya Penubothu
From India, Hyderabad
I agree with Mr. Afsal Abdulkhani
but even in the Maternity act 1961 is not saying that the employee is who is performing / not performing well in the organization then the management has all the right to take the necessary action towards the Employee
But you must be very care full while terminating to any emmployee, i appreciate to go through your appointment letter whihc has been issued to the employee at the time of joining the organization just follow the same with every individual employee of the organization......
if your, appointment is not clearly specifying that about the termination part then need to focus a lot before terminating the such said employee.
Better first discuss with that particular employee, about her inhibiting factors and then see where it is going wrong then take the necessary precaution towards the said employee, because as you said that she is probation period and pregnant
as she working with your organization since 80 days, by this particular time framing you cannot judge any employee performance, she has to mingle with the company and the projects what you guys have assigned to her/him...
before taking any action on that particular employee have discussion with her senior and then take the necessary precaution.
even then after discussion want to terminate her then take the reports from her about her pregnancy and then decide as per your company policies says, if not frame the policy immediately then take the necessay action with her, and coming to paying towards the compensation she is not entitle for the MB as she is not applied for the maternity leave, in due course see that the said employee will not apply leave towards the maternity, if she applies then your Organization has no right to terminate her being showing the bad performance and hereafter entitle to pay the salary for about 12 weeks.
I appreciate if you have again doubt about the same, then feel free to get in touch with the said contact number of email address
With regards
Satya Penubothu
From India, Hyderabad
I think you need to rework on company's recruitment process. This is really bad part of you as an HR person to looking for terminating a pregenent women when she has just joined the organisation. This is not ethical practice. She should be helped and given a chance to improve. Turst me if she is physically unfit to perform well , she will leave by herself and if she is not sincere towards work then also she should be given a chance. There is no point of terminating an employee just because she is pregenent, no matter she is within probation or confirmed.
I would suggest you to talk to her personally to know about her current situation and future plans and ask her why she is not able to perform up to mark. That can help you to decide the right action for such situation. Behave like an HR professional rather than an departmental clerk and think broad ; you will be able to understand what is the right action to be taken for such situation. HR;s job is to retain people and train and motivate them for better work rather than terminating them for small reasons in hassle.
From India, Dharamsala
I would suggest you to talk to her personally to know about her current situation and future plans and ask her why she is not able to perform up to mark. That can help you to decide the right action for such situation. Behave like an HR professional rather than an departmental clerk and think broad ; you will be able to understand what is the right action to be taken for such situation. HR;s job is to retain people and train and motivate them for better work rather than terminating them for small reasons in hassle.
From India, Dharamsala
Malik you are 100% correct...
I don't know why some HR people never understand human values...I f she is pregnant then your termination is going to bring a lot of mental pressure on her and it could badly effect the child.. think on it before taking action...
From India, Mumbai
I don't know why some HR people never understand human values...I f she is pregnant then your termination is going to bring a lot of mental pressure on her and it could badly effect the child.. think on it before taking action...
From India, Mumbai
Its other thing how does this discussion help that employee / employer... (I just hope she will be treated in ethical manner);
But meanwhile I have learned a lot on Maternity Benefit Act. Thanks All for sharing your valuable knowledge..
Especial thanks to Rupesh for the notes :icon1:.
From India, Ahmadabad
But meanwhile I have learned a lot on Maternity Benefit Act. Thanks All for sharing your valuable knowledge..
Especial thanks to Rupesh for the notes :icon1:.
From India, Ahmadabad
Services of an employee who is on probation, can be terminated by 24 hrs notice. Pl check the terms of her employment as per her appointment letter. if there is a clause that the services can be terminated by either party giving 24 hrs notice during probation.
Pregnancy has nothing to do with her performance during Probation period. Build record before terminating her services such issue warning letter , create file memos, advisory memos etc before termination. Clause of Maternity Benefit Act is applicable to employee who is on maternity leave.
If she is in bargainable category, pl take care of principles of natural justice. so that in case if she goes for litigattion, you will not have problems
From India, Mumbai
Pregnancy has nothing to do with her performance during Probation period. Build record before terminating her services such issue warning letter , create file memos, advisory memos etc before termination. Clause of Maternity Benefit Act is applicable to employee who is on maternity leave.
If she is in bargainable category, pl take care of principles of natural justice. so that in case if she goes for litigattion, you will not have problems
From India, Mumbai
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