One of our employees is being transferred to another location.However, he is refusing to relocate.The company wishes to terminate him without giving him a notice.He is still on probation.These are the clauses mentioned in the Offer Letter:
1. Probation Period:
You will be on probation for six months.Your confirmation will be communicated to you in writing.
Company reserves the right to terminate your employment in case your performance, behavior and or conduct
during the probation period is found unsatisfactory.
2. Notice Period:
During your employment with Company, either you or Company can terminate the appointment by giving 30
calendar days written notice or 1 months basic salary in lieu of the notice unless an Employment Bond is active.(NO BOND ACTIVE)
It also reserves the right, if it is in the interest of the business and current assignment, to ask you to complete
your notice period or decide whether your existing earned vacation or basic salary in lieu of notice period
may be adjusted against the entire or partial notice period.
Kindly suggest how to terminate him without giving him 1 month salary or notice.
From India, Noida
1. Probation Period:
You will be on probation for six months.Your confirmation will be communicated to you in writing.
Company reserves the right to terminate your employment in case your performance, behavior and or conduct
during the probation period is found unsatisfactory.
2. Notice Period:
During your employment with Company, either you or Company can terminate the appointment by giving 30
calendar days written notice or 1 months basic salary in lieu of the notice unless an Employment Bond is active.(NO BOND ACTIVE)
It also reserves the right, if it is in the interest of the business and current assignment, to ask you to complete
your notice period or decide whether your existing earned vacation or basic salary in lieu of notice period
may be adjusted against the entire or partial notice period.
Kindly suggest how to terminate him without giving him 1 month salary or notice.
From India, Noida
Dear friend,
You have given extract of the appointment letter. However, during the probation period generally clause of notice period is not applicable. This clause becomes applicable only when the emloyment is confirmed.
Nevertheless, at this stage, I recommend you issuing Transfer Order (TO) to the employee. Issue it on company's letterhead. Mention in this order clearly, what type of job he will do, where he will do, to whom he will report to and when he is resume the duties at that office. Give original copy to the employee and retain the photocopy with his signature in his personal file.
In case, employee refuses to accept the TO, then it is misconduct. For this misconduct, issue him show cause and on receipt of the reply, you may terminate his services.
In case, if the employee accepts the TO but refuses to report for duties at the designated location then also it is misconduct and disciplinary action can be initiated.
Anyway, you need to revise the clause of the Appointment Letter about the notice period. Generally, removal of probationer should not be that cumbersome. However, because of the lack of clarity, your company has brought cumbersomeness in the procedure.
Thanks,
Dinesh Divekar
From India, Bangalore
7883You have given extract of the appointment letter. However, during the probation period generally clause of notice period is not applicable. This clause becomes applicable only when the emloyment is confirmed.
Nevertheless, at this stage, I recommend you issuing Transfer Order (TO) to the employee. Issue it on company's letterhead. Mention in this order clearly, what type of job he will do, where he will do, to whom he will report to and when he is resume the duties at that office. Give original copy to the employee and retain the photocopy with his signature in his personal file.
In case, employee refuses to accept the TO, then it is misconduct. For this misconduct, issue him show cause and on receipt of the reply, you may terminate his services.
In case, if the employee accepts the TO but refuses to report for duties at the designated location then also it is misconduct and disciplinary action can be initiated.
Anyway, you need to revise the clause of the Appointment Letter about the notice period. Generally, removal of probationer should not be that cumbersome. However, because of the lack of clarity, your company has brought cumbersomeness in the procedure.
Thanks,
Dinesh Divekar
From India, Bangalore
Dear Annonymous,
As the employee is still in his/her notice period and is refusing to relocate, you can terminate him/her based on the Terms of Appointment letter. However, this can not be clubbed to the condition 1 or 2 mentioned above.
If the appointment letter has the terms mentioning his/her base location(current location) and a clause stating he/she maybe required to work at any other company premises or the premises of other client or Group Company, as it may consider necessary, and if and only if the employee is agreed and signed on this condition, he can be terminated on these grounds.
However, i would rather suggest you to give the employee 2 days of written notice and terminate his employment with severance pay.
Regards,
Ramya
From India, Bengaluru
As the employee is still in his/her notice period and is refusing to relocate, you can terminate him/her based on the Terms of Appointment letter. However, this can not be clubbed to the condition 1 or 2 mentioned above.
If the appointment letter has the terms mentioning his/her base location(current location) and a clause stating he/she maybe required to work at any other company premises or the premises of other client or Group Company, as it may consider necessary, and if and only if the employee is agreed and signed on this condition, he can be terminated on these grounds.
However, i would rather suggest you to give the employee 2 days of written notice and terminate his employment with severance pay.
Regards,
Ramya
From India, Bengaluru
As he is still on probation and has not even completed six month's service, no right accrues to him legally. Your Notice Period clause is umbrella type and covers the entire period thus requires the observance of notice period but owing to the lack of any legal right you may go ahead and terminate service quoting rule said above. In case the employee challenges, you may plead the unsatisfactory nature of his service and justify the action. As Dinesh Divekar Sir has pointed out above, you may consider revising the appointment terms clarifying the position regarding notice period during probation. Mind you it cuts both the ways, as the employee would also then leave suddenly.
From India, Mumbai
From India, Mumbai
It is nowhere mentioned that you can relocate/transfer the job/services of employee as and when required.
It would be better to terminate with notice being remain traped free under the clause of notice and transfer.
You could have removed the probationer in absence of point no:2 or if the point No:1 have
" You will be on probation for six months.Your confirmation will be communicated to you in writing. Company reserves the right to terminate your employment without notice in case your performance, behavior and or conduct during the probation period is found unsatisfactory. "
In regard to your querry several opinions have been provided to follow. You discuss with your management to decide the course of action.
From India, Mumbai
It would be better to terminate with notice being remain traped free under the clause of notice and transfer.
You could have removed the probationer in absence of point no:2 or if the point No:1 have
" You will be on probation for six months.Your confirmation will be communicated to you in writing. Company reserves the right to terminate your employment without notice in case your performance, behavior and or conduct during the probation period is found unsatisfactory. "
In regard to your querry several opinions have been provided to follow. You discuss with your management to decide the course of action.
From India, Mumbai
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