Hell All, My cousin is working in IT department of an reputed firm from last 1.5 years and in this time period, she was working as trainee engineer for first year and after that for 6 months was on the probation period. The thing is that her manager got changed when her probation period started after one year in the company and now when the probation period is ended manager stated to her that he will give extension for 2 months with no reason.
My Cousin is shocked because according to her she has given her 100% best performance in this last one and half year of her service by completing all tasks in give time period, even when the time her miscarriage happened before 7 months ago at that time also she had not taken any leaves and managed all tasks assigned to her by working from home.
Now she is expecting pregnancy again and in this time period she has to suffer from this critical situation.
From the wordings of her manager she clearly understood that manager is not in the mood to make her permanent employee in the company.
She is unable to understand if she got pregnant in this extended probation period then can manager terminate her or what will happen.
Just wanted to know,
Can that manager terminate her in this extended probation period if she gets pregnant and if she is not pregnant then also can he terminate her?
Please suggest here.
From India, Pune
My Cousin is shocked because according to her she has given her 100% best performance in this last one and half year of her service by completing all tasks in give time period, even when the time her miscarriage happened before 7 months ago at that time also she had not taken any leaves and managed all tasks assigned to her by working from home.
Now she is expecting pregnancy again and in this time period she has to suffer from this critical situation.
From the wordings of her manager she clearly understood that manager is not in the mood to make her permanent employee in the company.
She is unable to understand if she got pregnant in this extended probation period then can manager terminate her or what will happen.
Just wanted to know,
Can that manager terminate her in this extended probation period if she gets pregnant and if she is not pregnant then also can he terminate her?
Please suggest here.
From India, Pune
It depends on the wording of the appointment order abut probation and confirmation. If the letter says that "you are under probation for.....months which can be extended/ deemed to be on probation till a confirmation is given in writing and during probation period your services shall be terminated without notice and without assigning any reason thereof" then the act of the employer terminating without giving any "reason" like poor performance will be legally maintainable. At the same time, some HR persons will act smart by terminating the service by saying that "your performance is not up to the expectation and therefore, we are constrained to terminate your service". This can be challenged because this termination is an order causing stigma. Certainly, before terminating for any specific reason, an opportunity should be given to the employee to be heard. For this, charge sheet should be given and evidences to show that the employee was not performing should be placed. At the same time, if you do not show any reason but just cite the clause above mentioned (of probation and termination) then it will not cause any stigma and as such the same will be valid one.
From India, Kannur
4242From India, Kannur
Hi,
Further to what the members have mentioned on the organization following of said process of documenting under performance.
Please ask your cousin to escalate the matter to the respective HR Hierarchy, If she has any documented accolades from her past manager (please ask her to attach the same), i am assuming there will be at least a few in a year as this news came as surprise to her.
Usually reputed organizations don't take termination calls in sensitive issues like maternity and health related issues.
thans
From India, undefined
Further to what the members have mentioned on the organization following of said process of documenting under performance.
Please ask your cousin to escalate the matter to the respective HR Hierarchy, If she has any documented accolades from her past manager (please ask her to attach the same), i am assuming there will be at least a few in a year as this news came as surprise to her.
Usually reputed organizations don't take termination calls in sensitive issues like maternity and health related issues.
thans
From India, undefined
Dear,
Please go through the appointment letter because all the terms and conditions are mentioned in the appointment letter, so first read the appointment letter carefully. Please note that if employees performance is not satisfactory HR/employer can extend his/her probation period and after extension employer can also terminate his/her employment.
If you have any doubt pls communicate with the Head HRD because they have good knowledge of rules, regulations and laws, they will not treat you unfairly and will give you the right advice, which will remove your misconception.
Please go through the appointment letter because all the terms and conditions are mentioned in the appointment letter, so first read the appointment letter carefully. Please note that if employees performance is not satisfactory HR/employer can extend his/her probation period and after extension employer can also terminate his/her employment.
If you have any doubt pls communicate with the Head HRD because they have good knowledge of rules, regulations and laws, they will not treat you unfairly and will give you the right advice, which will remove your misconception.
Hi,
It sounds like your cousin has been working in the IT department of a reputed firm for the past 1.5 years. During her first year, she worked as a trainee engineer, and after that, she went through a 6-month probation period. It seems that her manager changed when her probation period began.
Regds
From India, Bangalore
It sounds like your cousin has been working in the IT department of a reputed firm for the past 1.5 years. During her first year, she worked as a trainee engineer, and after that, she went through a 6-month probation period. It seems that her manager changed when her probation period began.
Regds
From India, Bangalore
Dear Colleagues,
I think the questioner is asking whether a probationer can be terminated during probation when she is on Maternity leave. Does maternity leave grant any protection to the probationer? Under the circumstances what options are available to the Management whether to extend the probation or go for termination as per the provisions of the appointment letter?
We can also throw some light on this even if this is not the question.
From India, Delhi
I think the questioner is asking whether a probationer can be terminated during probation when she is on Maternity leave. Does maternity leave grant any protection to the probationer? Under the circumstances what options are available to the Management whether to extend the probation or go for termination as per the provisions of the appointment letter?
We can also throw some light on this even if this is not the question.
From India, Delhi
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Extension of Probation.doc