Hi
An appointment letter of a company contains the clause of probation period as follow:
"You shall be on probation for period of 6(six) months and the said period shall be extendable but the total period of probation shall not exceed 9 (Nine) months. In case you do not receive any letter of extension on expiry of your initial period of probation, it shall be deemed that the probationary period has been extended by 3 (Three) months. During or on the expiry of the period of probation, initially fixed or subsequently extended, your services shall be terminable without notice from either side."
As per this, if the employee was not given confirmation letter then his probation period shall extend to 9 months. In this case, if the services of the employee are terminated then is it neccesary to give reason for such termination? Can u please quote some source/case law also for your opinion?
From India, Panipat
An appointment letter of a company contains the clause of probation period as follow:
"You shall be on probation for period of 6(six) months and the said period shall be extendable but the total period of probation shall not exceed 9 (Nine) months. In case you do not receive any letter of extension on expiry of your initial period of probation, it shall be deemed that the probationary period has been extended by 3 (Three) months. During or on the expiry of the period of probation, initially fixed or subsequently extended, your services shall be terminable without notice from either side."
As per this, if the employee was not given confirmation letter then his probation period shall extend to 9 months. In this case, if the services of the employee are terminated then is it neccesary to give reason for such termination? Can u please quote some source/case law also for your opinion?
From India, Panipat
The sample will be as follows. Your services are being terminated with immediate effect as per clause..... of the appointment letter no.... dt... issued to you.
From India, New Delhi
4From India, New Delhi
Hi Hinnagarg,
If an employee is not given Confirmation letter after 6 months then it means the confirmation is extended. If an employee is not given Confirmation letter after 9 months then it means the employee confirmation is done(by default he becomes confirmed employee as per law).
Basically the organizations donot encourage terminations b'coz though the employee perform blunders or non-performance they will be asked to resign & relieve from the organization.This is done in order not to spoil their career.
If the organization decides to terminate then it shoul definetly mention the reasons (like as per the obervation his performance was not uptothe mark or misconduct or misbehaviour or negative attitude & etc.,) in his termination letter.
Bye
From India, Hyderabad
If an employee is not given Confirmation letter after 6 months then it means the confirmation is extended. If an employee is not given Confirmation letter after 9 months then it means the employee confirmation is done(by default he becomes confirmed employee as per law).
Basically the organizations donot encourage terminations b'coz though the employee perform blunders or non-performance they will be asked to resign & relieve from the organization.This is done in order not to spoil their career.
If the organization decides to terminate then it shoul definetly mention the reasons (like as per the obervation his performance was not uptothe mark or misconduct or misbehaviour or negative attitude & etc.,) in his termination letter.
Bye
From India, Hyderabad
The legal position is settled in the matter:
1. Where the workmen has completed 240 days of service (inclusive of weekly off and other paid holidays etc) then he can be terminated only after following the procedure in this regard.
2. But if the service period is less than 240 days then termination can be done without assigning reason by way of termination simpliciter.
3. As regards managerial & other supervisory employees the above said protection of law is not available to them. Only thing is that if the organisation is a PSU or Government firm, such an action can be done without disclosing the reason.
4. However as regards private sector such legal impediments do not come.
In the above referred clause, it is not mentioned that reasons need to be disclosed. Hence in such cases the reasons shall have to be stated but notice need not be given.Remember this is needed particularly where the service exceeds 240 days.
Regards
KK
1. Where the workmen has completed 240 days of service (inclusive of weekly off and other paid holidays etc) then he can be terminated only after following the procedure in this regard.
2. But if the service period is less than 240 days then termination can be done without assigning reason by way of termination simpliciter.
3. As regards managerial & other supervisory employees the above said protection of law is not available to them. Only thing is that if the organisation is a PSU or Government firm, such an action can be done without disclosing the reason.
4. However as regards private sector such legal impediments do not come.
In the above referred clause, it is not mentioned that reasons need to be disclosed. Hence in such cases the reasons shall have to be stated but notice need not be given.Remember this is needed particularly where the service exceeds 240 days.
Regards
KK
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