Hi All,
I have one query related to industrial dispute of karnataka state.
Can we terminate an employee for his misconduct during his probation period.
or whether we have to pay anything while terminating during probation period as per karnataka labor law/ act.
From India, Gurgaon
37I have one query related to industrial dispute of karnataka state.
Can we terminate an employee for his misconduct during his probation period.
or whether we have to pay anything while terminating during probation period as per karnataka labor law/ act.
From India, Gurgaon
WHAT IS YOUR COMPANY STANDING ORDERS UNDER PROBATION PERIOD?????IS THERE ANY NOTICE UNDER PROBATION PERIOD????????
IF YES THEN YOU HAVE TO PAY NOTICE PERIOD SALARY...............
As per labour law you have to pay unpaid wages as well as earned leaves for probation period employee.
From India, Faridabad
IF YES THEN YOU HAVE TO PAY NOTICE PERIOD SALARY...............
As per labour law you have to pay unpaid wages as well as earned leaves for probation period employee.
From India, Faridabad
your quick reply is highly appreciable but can you please elaborate on compensation part. Yes we have 3 months notice under probation period.
From India, Gurgaon
From India, Gurgaon
Dear Swetha,
Until a probationer is issued a confirmation letter in respect of his services, he would be deemed to be on probation, irrespective of expiry of his probationary period. In a recent ruling in the case (W.P.(C) No. 4929/2013,D/-18-9-2013) of Amarnath Menokodath
Remanan vs. The Chairman, National Institute of Jewelry Design and Ors., the Delhi High court has ruled that it is the prerogative of the employer to decide if the services of the probationer are satisfactory and not by the Court. And no show-cause notice is required to be served upon a probationer before terminating his services.
The court has ruled that a probationer cannot claim automatic confirmation of his probationary services even if he continues to perform his duty after expiry of probationary period, in the absence of any express condition of his service in his employment contract, i.e. his employment letter. Until a probationer is issued a confirmation letter in respect of his services, he would be deemed to be on probation, irrespective of expiry of his probationary period.
When adequacy of performance of all probationers including petitioner was reviewed by a committee, plea of the petitioner that he has been discriminated is not justified.
--
Arun Ilankovan
From India, Chennai
Until a probationer is issued a confirmation letter in respect of his services, he would be deemed to be on probation, irrespective of expiry of his probationary period. In a recent ruling in the case (W.P.(C) No. 4929/2013,D/-18-9-2013) of Amarnath Menokodath
Remanan vs. The Chairman, National Institute of Jewelry Design and Ors., the Delhi High court has ruled that it is the prerogative of the employer to decide if the services of the probationer are satisfactory and not by the Court. And no show-cause notice is required to be served upon a probationer before terminating his services.
The court has ruled that a probationer cannot claim automatic confirmation of his probationary services even if he continues to perform his duty after expiry of probationary period, in the absence of any express condition of his service in his employment contract, i.e. his employment letter. Until a probationer is issued a confirmation letter in respect of his services, he would be deemed to be on probation, irrespective of expiry of his probationary period.
When adequacy of performance of all probationers including petitioner was reviewed by a committee, plea of the petitioner that he has been discriminated is not justified.
--
Arun Ilankovan
From India, Chennai
Dear Shweta,
In your subsequent query, you have clarified that you have three months notice for the employees,who are on probation period. Now there two situations (i) if you want to terminate him on the ground of misconduct, you must give him charge sheet elaborating his misconduct and hold an independent enquiry into the charges by following the principal of natural justice. If he is found guilty of the charges, you can terminate him as punishment and (ii) you can terminate him by paying three months salary by virtue of the termination clause contained in his appointment letter,which is called Termination Simpliciter. What I have said is common law prevailing in our country and the same should not be very different for state of karnataka.Such matters are more depend upon the certified standing orders of the company and terms & conditions of the appointment or service contract of the employee.
BS Kalsi
member since Aug 2011
From India, Mumbai
In your subsequent query, you have clarified that you have three months notice for the employees,who are on probation period. Now there two situations (i) if you want to terminate him on the ground of misconduct, you must give him charge sheet elaborating his misconduct and hold an independent enquiry into the charges by following the principal of natural justice. If he is found guilty of the charges, you can terminate him as punishment and (ii) you can terminate him by paying three months salary by virtue of the termination clause contained in his appointment letter,which is called Termination Simpliciter. What I have said is common law prevailing in our country and the same should not be very different for state of karnataka.Such matters are more depend upon the certified standing orders of the company and terms & conditions of the appointment or service contract of the employee.
BS Kalsi
member since Aug 2011
From India, Mumbai
Dear Shwetha Madam,
Mr.Kalsi has explained your query well. According to me in general the probationary period will be 6 months to one year and is exentable for further period of 6 months maximum. During the probationary period normally either party can give one day notice for termination of employment and one or two months after confirmation in writing. If you have mentioned the notice period three months either party then you have to follow. Termination of employment based on the findings of the enquiry officer does not required any notice period. But you have to proove his misconduct b before termination. No compensation is need to pay for such termination. At the same time you should have one more clause that " IN CASE OF DISSATISFACTION OF YOUR PERFORMANCE DURING THE PROBATIONERY PERIOD, THE MANAGEMENT SHALL HAVE THE RIGHT TO TERMINATE YOUR SERVICE WITHOUT GIVING OR ASSIGNING ANY REASONS'. This will be positive point in case of you want to terminate in probationer period. You take care in future this clause to avoid such situations. In this case you can opt any one of the advice given by Mtr.Kalsi.
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels)Rtd
Labour Laws Consultant
From India, Bidar
Mr.Kalsi has explained your query well. According to me in general the probationary period will be 6 months to one year and is exentable for further period of 6 months maximum. During the probationary period normally either party can give one day notice for termination of employment and one or two months after confirmation in writing. If you have mentioned the notice period three months either party then you have to follow. Termination of employment based on the findings of the enquiry officer does not required any notice period. But you have to proove his misconduct b before termination. No compensation is need to pay for such termination. At the same time you should have one more clause that " IN CASE OF DISSATISFACTION OF YOUR PERFORMANCE DURING THE PROBATIONERY PERIOD, THE MANAGEMENT SHALL HAVE THE RIGHT TO TERMINATE YOUR SERVICE WITHOUT GIVING OR ASSIGNING ANY REASONS'. This will be positive point in case of you want to terminate in probationer period. You take care in future this clause to avoid such situations. In this case you can opt any one of the advice given by Mtr.Kalsi.
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels)Rtd
Labour Laws Consultant
From India, Bidar
Dear Shweta,
In case of an employee misconducting during the period of his probation you have to issue a formal chargesheet to him and hold a proper domestic enquiry allowing the chargesheeted employee to provide his point of view and defend him self. Once the charges levelled are established fully the service of the employee can be terminated.
As per the latest trend " suo moto termination of service or discharge simpliciter does not hold good and, besides compensation, it may lead to litigation culminating into the reinstatement of the employee concerned with full back wages and other benefits, whatsoever.
Accordingly, please do not take a chance and follow the prescribed procedure.
S.K.Johri
From India, Delhi
In case of an employee misconducting during the period of his probation you have to issue a formal chargesheet to him and hold a proper domestic enquiry allowing the chargesheeted employee to provide his point of view and defend him self. Once the charges levelled are established fully the service of the employee can be terminated.
As per the latest trend " suo moto termination of service or discharge simpliciter does not hold good and, besides compensation, it may lead to litigation culminating into the reinstatement of the employee concerned with full back wages and other benefits, whatsoever.
Accordingly, please do not take a chance and follow the prescribed procedure.
S.K.Johri
From India, Delhi
Dear Shweta,
Do not look at this issue from the point of view of law. The courts would view the matter with sympathy towards the employee though very few today opt for court action. If you give notice of three months do you think you can get the best out of him during the period. If you pay compensation and send him off how other employees would view the management.
Explain all this to the deciding authority and then let him decide.
Kannan
From India, Madras
Do not look at this issue from the point of view of law. The courts would view the matter with sympathy towards the employee though very few today opt for court action. If you give notice of three months do you think you can get the best out of him during the period. If you pay compensation and send him off how other employees would view the management.
Explain all this to the deciding authority and then let him decide.
Kannan
From India, Madras
Hi all
i have one query related to termination ...
i was working in a (BPO) PVT LTD COMPANY.. FROM LAST 3 MONTHS SOME DAYS , MY JOINING DATE WAS 7 TH APRIL2014 AND I WAS TERMINATED ON 4 TH AUGUST 2014, ACCORDING TO COMPANY'S OFFER LETTER ,PROBATION PERIOD IF OF 4 MONTHS , NOW THEY DINT GIVE ME ANY PRIOR NOTICE BEFORE TERMINATING... AND I WAS TOLD TO COLLECT MY SALARY CHEQUE AFTER 45 DAYS , I JUS GOT AN EMAIL FROM COMPANY'S EMAID ID SAYING THAT " CONTACT US AFTER 45 DAYS FOR FULL N FINAL IF ANY "
REASON OF MY TERMINATION IS : PLOTTING AGAINST THE COMPANY , MISBEHAVIOUR ETC ETC
NOW MY QUERY IS DO I HAVE TO FOR 45 DAYS TO WAIT MY SALARY ACCORDING TO LABOUR LAW .. ??
AND I DIDNT SIGN ANY DOCUMENT YET LIKE FULL N FINAL ETC ETC ..
THANKS
ANUJ BHATIA
From India
i have one query related to termination ...
i was working in a (BPO) PVT LTD COMPANY.. FROM LAST 3 MONTHS SOME DAYS , MY JOINING DATE WAS 7 TH APRIL2014 AND I WAS TERMINATED ON 4 TH AUGUST 2014, ACCORDING TO COMPANY'S OFFER LETTER ,PROBATION PERIOD IF OF 4 MONTHS , NOW THEY DINT GIVE ME ANY PRIOR NOTICE BEFORE TERMINATING... AND I WAS TOLD TO COLLECT MY SALARY CHEQUE AFTER 45 DAYS , I JUS GOT AN EMAIL FROM COMPANY'S EMAID ID SAYING THAT " CONTACT US AFTER 45 DAYS FOR FULL N FINAL IF ANY "
REASON OF MY TERMINATION IS : PLOTTING AGAINST THE COMPANY , MISBEHAVIOUR ETC ETC
NOW MY QUERY IS DO I HAVE TO FOR 45 DAYS TO WAIT MY SALARY ACCORDING TO LABOUR LAW .. ??
AND I DIDNT SIGN ANY DOCUMENT YET LIKE FULL N FINAL ETC ETC ..
THANKS
ANUJ BHATIA
From India
Dear Anuj,
Your company has taken a very offensive stand which is not tenable legally. Even if you have done some wrong they cannot make wild allegations without any documentary or other evidence. Further taking 45 days for making payment is absolutely not legal. You may send a strong notice and even claim for compensation for harassment.
Kannan
From India, Madras
Your company has taken a very offensive stand which is not tenable legally. Even if you have done some wrong they cannot make wild allegations without any documentary or other evidence. Further taking 45 days for making payment is absolutely not legal. You may send a strong notice and even claim for compensation for harassment.
Kannan
From India, Madras
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