What can be the relief for forced resignation during probation period of 240 days ?
1) Many freshers claim that 6 months to 1 year probation period was concluded with exam to be cleared with percentage of 60 out of 100 , If exams are not cleared due to tough questions, Termination letter is issued What is the relief and act applicable for less than 240 days case?
2. During probabation period , if experienced employee struggle for slave culture to work 12-14 hours work and saturday work in name of unforecasted work load, What is the relief and act applicable ? (Principles of natural justice)
3, Companies after probation say that they don't have enough cash to pay all employees and terminate those who are not willing to take a price cut.
4. in probation period, in offer letter it is clearly mentioned that my office work type is remote. Now manager asking to come to office If Employee ask for online based training for remaining probabation period. Will they fire Employee?
5. Employee didn't pass probation. mainly because Training was not given for the work to be measured.
From India, Chennai
11) Many freshers claim that 6 months to 1 year probation period was concluded with exam to be cleared with percentage of 60 out of 100 , If exams are not cleared due to tough questions, Termination letter is issued What is the relief and act applicable for less than 240 days case?
2. During probabation period , if experienced employee struggle for slave culture to work 12-14 hours work and saturday work in name of unforecasted work load, What is the relief and act applicable ? (Principles of natural justice)
3, Companies after probation say that they don't have enough cash to pay all employees and terminate those who are not willing to take a price cut.
4. in probation period, in offer letter it is clearly mentioned that my office work type is remote. Now manager asking to come to office If Employee ask for online based training for remaining probabation period. Will they fire Employee?
5. Employee didn't pass probation. mainly because Training was not given for the work to be measured.
From India, Chennai
Basically, there is no provision under any labour law which can protect an employee from termination. The apprehensions outlined are facts about any medium sized organisation, not only restricted to IT and ITES. The manner in which the exams is conducted cannot be questioned because the employer has to take the call, whether to confirm or not an employee serving probation period. Certainly, when the employers' have their association, the employees do not have any association until they join an establishment. Of course, once they join an organisation, they can form a Union and take collective bargaining tools to take the attention of the employer towards their grievances. But how many will follow one trade union leadership? Very very less number of people follow a leader. Why, Because, we the white color gentlemen do not believe in trade union until they face with an incident wherein the employer is unfair. This is known to the employers and that is why they are troubling the employees by asking them to work for 10 to 14 hours from Monday to Saturday.
It is a fact that most of the employers who come to campus to hire students do not keep their words. They consider the 'campus recruitment' as a tool of advertisement rather than sourcing. As you said, they will extend the probation or even terminate the employee. There are companies who take students and then keep their joining pending for long months. Knowing this from the alumni, why do the institutions invite these companies again and again? One reason. The institution are concerned not with the placement and career of their students but are only concerned about NUMBER of students placed. I don't think that any company would do such things to one from IIMs or IITs and I don't think that any IIM or IIT will invite any such company who hire and fire their students.
Now coming to your query, I would say that there are plenty of court verdicts which say that a probationer can be discharged without any reason and without notice. The concept of 240 days will not apply in such cases. True, an employee who has worked for 240 days during the 12 months, shall require a notice, say one month notice or three months' notice and a compensation of 15 days' salary. If the employer is giving that notice, his act will be protected by law. But with a termination letter what the employee gain? Can he build a career with it? No. Then the alternative is resignation. This is not a forced resignation in paper but a voluntary separation.
I know an establishment in IT sector which collects an agreement in non judicial stamp paper and is in the form of "Mutual Separation Agreement". When there was no appointment or joining an establishment on a Mutual Agreement on a stamp paper, how can that company ask for separation agreement in a stamp paper? The employee, in turn, will sign it on the fear of negative remarks in the background verification. Who will defend such things? Can the Union take it up? I don't think that they can bring about industrial peace in IT sector. Why? The presence of employers' association and background verification. It is highly regretting that the agencies hired for background check act like detectives.
Asking an employee to work for 14 hours every day through Monday to Saturday is legally unfair. The above said things will apply to them also. Who will contact the Labour Officer? In many states, it is the lowest person in the Officer rank of the Labour department who is the appropriate authority to whom such incidents can be reported. But how many incidents get reported?
Pay reduction is another step often taken by companies. But will it be done in respect of an employee who is employable? Again, what is the remedy? Remedy is available under Labour Laws but will any body use it? If the labour market is inelastic no pay cut will be done but in the case of a market which is elastic, the pay cut will be enforced without even asking the employee.
The employer has the right to transfer an employee to any location for business exigencies. Normally, the same will be mentioned in the offer letter itself. If the offer is to work from home, it does not mean that he will continue to be working from home till retirement. Just like an employee in Bangalore can be transferred from Bangalore to Chennai or Hyderabad, an employee can be asked to work from office. Transfer is from his 'house' to Office. Therefore, this is not maintainable demand and refusal to join at office/ work from the office is a misconduct based on which the employer can initiate disciplinary action against the employee. Naturally, the employee should be given an opportunity to be heard. If, suppose, the employee is on probation, the employment can be terminated even without offering an opportunity provided the termination order does not cause stigma to the employee.
From India, Kannur
It is a fact that most of the employers who come to campus to hire students do not keep their words. They consider the 'campus recruitment' as a tool of advertisement rather than sourcing. As you said, they will extend the probation or even terminate the employee. There are companies who take students and then keep their joining pending for long months. Knowing this from the alumni, why do the institutions invite these companies again and again? One reason. The institution are concerned not with the placement and career of their students but are only concerned about NUMBER of students placed. I don't think that any company would do such things to one from IIMs or IITs and I don't think that any IIM or IIT will invite any such company who hire and fire their students.
Now coming to your query, I would say that there are plenty of court verdicts which say that a probationer can be discharged without any reason and without notice. The concept of 240 days will not apply in such cases. True, an employee who has worked for 240 days during the 12 months, shall require a notice, say one month notice or three months' notice and a compensation of 15 days' salary. If the employer is giving that notice, his act will be protected by law. But with a termination letter what the employee gain? Can he build a career with it? No. Then the alternative is resignation. This is not a forced resignation in paper but a voluntary separation.
I know an establishment in IT sector which collects an agreement in non judicial stamp paper and is in the form of "Mutual Separation Agreement". When there was no appointment or joining an establishment on a Mutual Agreement on a stamp paper, how can that company ask for separation agreement in a stamp paper? The employee, in turn, will sign it on the fear of negative remarks in the background verification. Who will defend such things? Can the Union take it up? I don't think that they can bring about industrial peace in IT sector. Why? The presence of employers' association and background verification. It is highly regretting that the agencies hired for background check act like detectives.
Asking an employee to work for 14 hours every day through Monday to Saturday is legally unfair. The above said things will apply to them also. Who will contact the Labour Officer? In many states, it is the lowest person in the Officer rank of the Labour department who is the appropriate authority to whom such incidents can be reported. But how many incidents get reported?
Pay reduction is another step often taken by companies. But will it be done in respect of an employee who is employable? Again, what is the remedy? Remedy is available under Labour Laws but will any body use it? If the labour market is inelastic no pay cut will be done but in the case of a market which is elastic, the pay cut will be enforced without even asking the employee.
The employer has the right to transfer an employee to any location for business exigencies. Normally, the same will be mentioned in the offer letter itself. If the offer is to work from home, it does not mean that he will continue to be working from home till retirement. Just like an employee in Bangalore can be transferred from Bangalore to Chennai or Hyderabad, an employee can be asked to work from office. Transfer is from his 'house' to Office. Therefore, this is not maintainable demand and refusal to join at office/ work from the office is a misconduct based on which the employer can initiate disciplinary action against the employee. Naturally, the employee should be given an opportunity to be heard. If, suppose, the employee is on probation, the employment can be terminated even without offering an opportunity provided the termination order does not cause stigma to the employee.
From India, Kannur
1)Asking an employee to work for 14 hours every day through Monday to Saturday is legally unfair. The above said things will apply to them also. Who will contact the Labour Officer? In many states, it is the lowest person in the Officer rank of the Labour department who is the appropriate authority to whom such incidents can be reported. But how many incidents get reported? // Many deaths are reported for unfair hours work culture..
Did work pressure drive techie to take his own life?
Jan 09, 2023, 11:34AM ISTSource: TOI.in
A 48-year-old techie jumped to death from the seventh floor of his office building on the Thoraipakkam-Pallavaram radial road on Saturday night, unable to cope with work pressure, police said. The man, Shyam Sundar of Porur, was employed as a manager at the software firm for the past one year. Police said that on Saturday night he suddenly left the office, climbed up to the seventh floor and jumped.
2) Basically, there is no provision under any labour law which can protect an employee from termination. // First note itself is null and Void statement .
Which laws in India regulate termination of employment?
The Industrial Disputes Act, 1947 (ID Act) and the corresponding state-specific rules provide for employment termination (retrenchment (see Retrenchment)
A “probationer” is one who is provisionally employed to fill a vacancy in a permanent post and has not
completed three months’ service in that post unless the probationary period is extended. If a permanent work-men is
employed as a probationer in a new post he may, at any time, during the probationary period not exceeding three
months, be reverted to his old permanent post unless the probationary period is extended.
- INDUSTRIAL EMPLOYMENT (STANDING ORDERS)
CENTRAL RULES, 1946
Notification No. L.R. 11 (37), date the 18th December, 1946 // Probation beyond 9 months are subjective to Retrenchment guideline.
GIG workers are purely created in the Indian workers’ population like Bakras maintained for the big feast. Here it is going to be the recession and economic slowdown event to sacrifice GIG worker’s contracts.
We cannot imagine that our son/daughter in future generations is going to be exploited as GIG workers from the Permanent worker tag, especially in India. There are no surveys conducted among employees like employers in surveys for GIG workers’ rise and their future life at stake. Recent Moonlighting-related terminations are also diminished to favor the rise of GIG workers in the name of ease of doing business.
Gig workforce expected to expand to 2.35 cr by 2029-30: NITI Aayog report
At the end of this permanent job era, Employees are left with the fate of facing Lay off with existing 2 choices.
1) Resign as per corporate strategy and face the pain of being thrown to the streets until a new job is obtained.
or
2) Resist Layoff and face it as per the laws of the land to get your job back as per the judicial process with the help of the union. #REJECTLABOURCODE2020 and NEEM schemes forced on Indian Employees community.
From India, Chennai
Did work pressure drive techie to take his own life?
Jan 09, 2023, 11:34AM ISTSource: TOI.in
A 48-year-old techie jumped to death from the seventh floor of his office building on the Thoraipakkam-Pallavaram radial road on Saturday night, unable to cope with work pressure, police said. The man, Shyam Sundar of Porur, was employed as a manager at the software firm for the past one year. Police said that on Saturday night he suddenly left the office, climbed up to the seventh floor and jumped.
2) Basically, there is no provision under any labour law which can protect an employee from termination. // First note itself is null and Void statement .
Which laws in India regulate termination of employment?
The Industrial Disputes Act, 1947 (ID Act) and the corresponding state-specific rules provide for employment termination (retrenchment (see Retrenchment)
A “probationer” is one who is provisionally employed to fill a vacancy in a permanent post and has not
completed three months’ service in that post unless the probationary period is extended. If a permanent work-men is
employed as a probationer in a new post he may, at any time, during the probationary period not exceeding three
months, be reverted to his old permanent post unless the probationary period is extended.
- INDUSTRIAL EMPLOYMENT (STANDING ORDERS)
CENTRAL RULES, 1946
Notification No. L.R. 11 (37), date the 18th December, 1946 // Probation beyond 9 months are subjective to Retrenchment guideline.
GIG workers are purely created in the Indian workers’ population like Bakras maintained for the big feast. Here it is going to be the recession and economic slowdown event to sacrifice GIG worker’s contracts.
We cannot imagine that our son/daughter in future generations is going to be exploited as GIG workers from the Permanent worker tag, especially in India. There are no surveys conducted among employees like employers in surveys for GIG workers’ rise and their future life at stake. Recent Moonlighting-related terminations are also diminished to favor the rise of GIG workers in the name of ease of doing business.
Gig workforce expected to expand to 2.35 cr by 2029-30: NITI Aayog report
At the end of this permanent job era, Employees are left with the fate of facing Lay off with existing 2 choices.
1) Resign as per corporate strategy and face the pain of being thrown to the streets until a new job is obtained.
or
2) Resist Layoff and face it as per the laws of the land to get your job back as per the judicial process with the help of the union. #REJECTLABOURCODE2020 and NEEM schemes forced on Indian Employees community.
From India, Chennai
Pay reduction is another step often taken by companies. But will it be done in respect of an employee who is employable? Again, what is the remedy? Remedy is available under Labour Laws but will any body use it? If the labour market is inelastic no pay cut will be done but in the case of a market which is elastic, the pay cut will be enforced without even asking the employee. // Pay reduction in a continuous profit making organization with more than 10 percent Net operating margin is subjective to serious discussion and scrutiny.
Pay reduction in a loss making organization can involve government support in following retrechment guidelines as applicable.
In either ways,, Employer is protected by Laws but employee situation is untenable.
From India, Chennai
Pay reduction in a loss making organization can involve government support in following retrechment guidelines as applicable.
In either ways,, Employer is protected by Laws but employee situation is untenable.
From India, Chennai
By "Basically, there is no provision under any labour law which can protect an employee from termination" what I meant was that the ID Act also gives a lot of loopholes to terminate an employee though retrenchment is taken out of its purview. Termination simpliciter by paying notice pay etc is one of them. If the termination is based on the performance evaluation, no body can challenge it. It is possible to frame any charges against an employee and then force him to sign a mutual separation agreement.
I have had a discussion last days on such an initiative by the management of an IT company where the employee who has been working there for more than four years, almost 5 years, has been asked to leave after signing a mutual separation agreement on a non judicial stamp paper. I advised not to sign it because there was no such agreement because there was no Mutual Agreement when he was hired. But with the employers' association being very strong and trade unions being very weak, the employee would be forced to do whatever the management say.
Regarding probation period, it is true that the standing orders/ appointment orders will govern it but if the probation is extended, how can you question it? When confirmation is purely a managerial prerogative, the complaint would not be maintainable. Per se, the termination is easy; even the ID Act cannot protect anybody.
True, a proper interference by the Trade Union in such matters could improve the industrial relation scenario. But with a section of techies who consider Union as something meant for low paid labour, will you be able to win it?
From India, Kannur
I have had a discussion last days on such an initiative by the management of an IT company where the employee who has been working there for more than four years, almost 5 years, has been asked to leave after signing a mutual separation agreement on a non judicial stamp paper. I advised not to sign it because there was no such agreement because there was no Mutual Agreement when he was hired. But with the employers' association being very strong and trade unions being very weak, the employee would be forced to do whatever the management say.
Regarding probation period, it is true that the standing orders/ appointment orders will govern it but if the probation is extended, how can you question it? When confirmation is purely a managerial prerogative, the complaint would not be maintainable. Per se, the termination is easy; even the ID Act cannot protect anybody.
True, a proper interference by the Trade Union in such matters could improve the industrial relation scenario. But with a section of techies who consider Union as something meant for low paid labour, will you be able to win it?
From India, Kannur
By "Basically, there is no provision under any labour law which can protect an employee from termination" what I meant was that the ID Act also gives a lot of loopholes to terminate an employee though retrenchment is taken out of its purview. Termination simpliciter by paying notice pay etc is one of them. // True. But when once the employee approaches labour department and court,
The onus of proving beyond reasonable doubt for performance issue/Attitude issue goes to Employer. Termination simpliciter can be applied but once contested will go for toss.
Due to lack of judicial reforms , Civil Case will take 5-10 years is the real issue and Employee livelihood for 5-10 years to support family makes employee to accept all employer's threat to accept forced resignation.
Irrespective of this situation , IT people in double digits are getting judgement for reinstatement with backwages one by one.
There are 5 IT trade unions in chennai and getting stronger due to forced resignation.
1 out of 10000 are fighting their cases.
10 out of 1 lakh are fighting their cases.
Soon the numbers will increase.
Few cases in last 5 years might give some insights
1) https://www.quora.com/Why-NDLF-It-wing-taking-strong-exception-to-the-statement-by-Cognizant-president-Mr-Raj-Mehta-of-Cognizant-regarding-employees-layoffs-terminations-and-job-losses
Why Veteran Raj Mehta resigned after this NDLF case and why many bigshots are careful over words in media since 2018 can be understood ?
Why NDLF It wing taking strong exception to the statement by Cognizant president Mr. Raj Mehta of Cognizant regarding employees, layoffs, terminations and job losses?
2) NITES files complaint against Infosys over employment clause for staffers
NITES has raised a complaint against IT giant Infosys with the Centre over the contract guidelines for restricting former employees from working with competitor
https://www.business-standard.com/article/companies/nites-files-complaint-against-infosys-over-employment-clause-for-staffers-122042000366_1.html
3) WHO IS ELAVARASAN RAJA? WHY COGNIZANT FIRING HIM HAS BECOME A HUGE ISSUE?
By Dharani | Nov 14, 2019 05:30 PM
Who is Elavarasan Raja? Why Cognizant Firing him has Become an Issue?
Raja holds the position of General Secretary FITE (The Forum for Information Technology Employees), a registered union in Tamil Nadu & Maharashtra. In the western state, FITE is a part of a tripartite committee including government and IT companies that discuss and solve worker issues.
Elavarasan Raja, a Software Profesional from Cognizant with eight years of experience received a termination letter on Tuesday evening. But, at a time when IT layoffs are nothing new, why this termination has garnered considerable attention?
4) Why the media is silent? It is surprising that all the reporters chose not to cover this news. What kind of pressure and bribes the company and government used, to silence the media?
The central and state governments are watching even as five suicides have happened among IT employees in the last 60 days. There is a IT minister in the central government and in the state governments. What they do? Do they get reports about such tragic incidents happening in the sectors they are monitoring and regulating? If not, why? If yes, what action they have taken?
IT employees have the right to know!
https://www.facebook.com/NDLFITEmployeesWing/photos/a.1024531450894347/2438228639524614/?locale=hi_IN&paipv=0&eav=AfawmQfU0qRM2WYw83wOpfUx lh5yVXbNn__XJ_sS3AmgIOyPS18a3jQyxMdCIsj4FOA&_rdr
From India, Chennai
The onus of proving beyond reasonable doubt for performance issue/Attitude issue goes to Employer. Termination simpliciter can be applied but once contested will go for toss.
Due to lack of judicial reforms , Civil Case will take 5-10 years is the real issue and Employee livelihood for 5-10 years to support family makes employee to accept all employer's threat to accept forced resignation.
Irrespective of this situation , IT people in double digits are getting judgement for reinstatement with backwages one by one.
There are 5 IT trade unions in chennai and getting stronger due to forced resignation.
1 out of 10000 are fighting their cases.
10 out of 1 lakh are fighting their cases.
Soon the numbers will increase.
Few cases in last 5 years might give some insights
1) https://www.quora.com/Why-NDLF-It-wing-taking-strong-exception-to-the-statement-by-Cognizant-president-Mr-Raj-Mehta-of-Cognizant-regarding-employees-layoffs-terminations-and-job-losses
Why Veteran Raj Mehta resigned after this NDLF case and why many bigshots are careful over words in media since 2018 can be understood ?
Why NDLF It wing taking strong exception to the statement by Cognizant president Mr. Raj Mehta of Cognizant regarding employees, layoffs, terminations and job losses?
2) NITES files complaint against Infosys over employment clause for staffers
NITES has raised a complaint against IT giant Infosys with the Centre over the contract guidelines for restricting former employees from working with competitor
https://www.business-standard.com/article/companies/nites-files-complaint-against-infosys-over-employment-clause-for-staffers-122042000366_1.html
3) WHO IS ELAVARASAN RAJA? WHY COGNIZANT FIRING HIM HAS BECOME A HUGE ISSUE?
By Dharani | Nov 14, 2019 05:30 PM
Who is Elavarasan Raja? Why Cognizant Firing him has Become an Issue?
Raja holds the position of General Secretary FITE (The Forum for Information Technology Employees), a registered union in Tamil Nadu & Maharashtra. In the western state, FITE is a part of a tripartite committee including government and IT companies that discuss and solve worker issues.
Elavarasan Raja, a Software Profesional from Cognizant with eight years of experience received a termination letter on Tuesday evening. But, at a time when IT layoffs are nothing new, why this termination has garnered considerable attention?
4) Why the media is silent? It is surprising that all the reporters chose not to cover this news. What kind of pressure and bribes the company and government used, to silence the media?
The central and state governments are watching even as five suicides have happened among IT employees in the last 60 days. There is a IT minister in the central government and in the state governments. What they do? Do they get reports about such tragic incidents happening in the sectors they are monitoring and regulating? If not, why? If yes, what action they have taken?
IT employees have the right to know!
https://www.facebook.com/NDLFITEmployeesWing/photos/a.1024531450894347/2438228639524614/?locale=hi_IN&paipv=0&eav=AfawmQfU0qRM2WYw83wOpfUx lh5yVXbNn__XJ_sS3AmgIOyPS18a3jQyxMdCIsj4FOA&_rdr
From India, Chennai
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