A probationer can not be terminated without assigning a notice and giving a reason- the Madurai bench of the Madras high court said.
"Probation doesn't mean at-will employment. No society is free, when the employees' liberty is made to bend upon the arbitrary will of another. It is possible only in a dictatorship and not in a democracy. No man can be deprived of right to life, which includes the right to employment. The probationary period should be regarded as an opportunity to learn and become fit as an employee. Probation can't be used as a tool/strategy to terminate the services of the employees without enquiry."
"The courts and the protections of the law are open to everybody. They protect the rights of people who can't protect themselves and protect people against abuses. They also embody notions of equal treatment and fair play. The interest of the man on earth is justice and the last resort for the man is court.
Therefore , the clauses and policies of a company should be made based on the various judgements of our courts from time to time. When a company drafts a clause in an appointment letter that " During probation, your service can be terminated without notice and citing a reason" is itself wrong and bad in law.
Now a days, it's been a common practice that many companies do not adhere to laws and business ethics and terminate employees arbitrarily. In cases, they take the advantage of the word "managerial" to victimize an employee under the pretext that the ID Act, 1947 will not protect him.
The ID Act, 1947 was enacted some 70-80 years ago. That time the managerial concept was different. That time, the manager was endowed with proper authority.
To me, any employee from bottom to top level, who don't have authorities such as cheque signing, leave approving,etc should be viewed as a common employee or worker and should be covered under the ID Act, 1947 (Code on Industrial Relations Act).
Thanks & Regards,
Krushna
From India, Mumbai
"Probation doesn't mean at-will employment. No society is free, when the employees' liberty is made to bend upon the arbitrary will of another. It is possible only in a dictatorship and not in a democracy. No man can be deprived of right to life, which includes the right to employment. The probationary period should be regarded as an opportunity to learn and become fit as an employee. Probation can't be used as a tool/strategy to terminate the services of the employees without enquiry."
"The courts and the protections of the law are open to everybody. They protect the rights of people who can't protect themselves and protect people against abuses. They also embody notions of equal treatment and fair play. The interest of the man on earth is justice and the last resort for the man is court.
Therefore , the clauses and policies of a company should be made based on the various judgements of our courts from time to time. When a company drafts a clause in an appointment letter that " During probation, your service can be terminated without notice and citing a reason" is itself wrong and bad in law.
Now a days, it's been a common practice that many companies do not adhere to laws and business ethics and terminate employees arbitrarily. In cases, they take the advantage of the word "managerial" to victimize an employee under the pretext that the ID Act, 1947 will not protect him.
The ID Act, 1947 was enacted some 70-80 years ago. That time the managerial concept was different. That time, the manager was endowed with proper authority.
To me, any employee from bottom to top level, who don't have authorities such as cheque signing, leave approving,etc should be viewed as a common employee or worker and should be covered under the ID Act, 1947 (Code on Industrial Relations Act).
Thanks & Regards,
Krushna
From India, Mumbai
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