Dear All,
There is this case. In one of the industry one employee was dismissed without giving any reason and without conducting any inquiry when he was under the probation period. The employee approached to Labour department seeking two month's salary in lieu of two months notice period which is mentioned in the appointment letter. Labour department has issued letter to the industry. My queries are :-
(i) Whether the employee will get two months salary or not
(ii) What is the procedure of dismissal under the probation period
(iii) What is the maximum probation period according to the labour laws. In this industry it is two years.
Regards,
From India, Bangalore
1There is this case. In one of the industry one employee was dismissed without giving any reason and without conducting any inquiry when he was under the probation period. The employee approached to Labour department seeking two month's salary in lieu of two months notice period which is mentioned in the appointment letter. Labour department has issued letter to the industry. My queries are :-
(i) Whether the employee will get two months salary or not
(ii) What is the procedure of dismissal under the probation period
(iii) What is the maximum probation period according to the labour laws. In this industry it is two years.
Regards,
From India, Bangalore
Dear Vijay,
You have to have Standing Order of your Company for the Probation Period.
Now few things comes into the mind..even if we follow the Model Standing Rules. Needs Clarification on the following for answering your query..
Whether the employee is covered under the ID Act.?
For How long he has been in the service of the Company.?
What was the reason for dismissing.?
What does the Clause about the Probation says in your Appointment Letter issued to the Employee.?
From India, Delhi
You have to have Standing Order of your Company for the Probation Period.
Now few things comes into the mind..even if we follow the Model Standing Rules. Needs Clarification on the following for answering your query..
Whether the employee is covered under the ID Act.?
For How long he has been in the service of the Company.?
What was the reason for dismissing.?
What does the Clause about the Probation says in your Appointment Letter issued to the Employee.?
From India, Delhi
Dear Friend,
Relating to your querry the following points to be taken for consideration.
1. How many people are working in your organisation.
2. Your organisation is a manufacturing or service industry.
3. Your organisation is having either Model or Certified Standing Orders.
4. if your organisation is already having Standing orders or service rules, under what clause the period of probation is mentioned.
5. Under what reason the employee has dismissed from the service in the probation period.
If your organisation does not having the above provisions mentioned in the standing orders either Model or Certified, the employer has liable to pay 2 months wages or 2 months notice in lieu of wages to dismiss from service whatsoever for any reason as mentioned in the Appointment Order. The employer has already abided the terms and conditions of employment as prescribed in the appiontment letter under what terms and conditions he has to engage the employee.
This is for your information.
Regards,
P.V.Rama Rao
From India, Hyderabad
Relating to your querry the following points to be taken for consideration.
1. How many people are working in your organisation.
2. Your organisation is a manufacturing or service industry.
3. Your organisation is having either Model or Certified Standing Orders.
4. if your organisation is already having Standing orders or service rules, under what clause the period of probation is mentioned.
5. Under what reason the employee has dismissed from the service in the probation period.
If your organisation does not having the above provisions mentioned in the standing orders either Model or Certified, the employer has liable to pay 2 months wages or 2 months notice in lieu of wages to dismiss from service whatsoever for any reason as mentioned in the Appointment Order. The employer has already abided the terms and conditions of employment as prescribed in the appiontment letter under what terms and conditions he has to engage the employee.
This is for your information.
Regards,
P.V.Rama Rao
From India, Hyderabad
Hello Vijay,
If you have mentioned two months notice or two months pay in lieu [in the appt letter] then you have to give him either of the two. its as plain as that.
If you have thrown him out without giving notice then you have to give him two months pay, there's no doubt about that.
Regarding probation period, there is no rule regarding probation period's length.
Riyaz
From India, Delhi
If you have mentioned two months notice or two months pay in lieu [in the appt letter] then you have to give him either of the two. its as plain as that.
If you have thrown him out without giving notice then you have to give him two months pay, there's no doubt about that.
Regarding probation period, there is no rule regarding probation period's length.
Riyaz
From India, Delhi
Dear All,
Thanks to Rajiv, Ram and Kriyaz. Thanks for your valuable suggestions. This industry is presently under constructiona and the chap was working as Trainee Production Operator joined on 01/02/08 and verbally told not to come for duties w.e.f. 01/5/08 for making some remarks while leaving in company bus. It was the case of back biting done by some of the people who were against him. So far industry do not have any policies, standing orders and HR policies.
Also I have one more query when registration under under Factories Act and EPF act is done during construction phase or on completion of construction when production about to take place. Production is still around 6 months away from now. Company has around 140 people working on its roll.
Pls give your valuable suggestions.
Regards,
From India, Bangalore
Thanks to Rajiv, Ram and Kriyaz. Thanks for your valuable suggestions. This industry is presently under constructiona and the chap was working as Trainee Production Operator joined on 01/02/08 and verbally told not to come for duties w.e.f. 01/5/08 for making some remarks while leaving in company bus. It was the case of back biting done by some of the people who were against him. So far industry do not have any policies, standing orders and HR policies.
Also I have one more query when registration under under Factories Act and EPF act is done during construction phase or on completion of construction when production about to take place. Production is still around 6 months away from now. Company has around 140 people working on its roll.
Pls give your valuable suggestions.
Regards,
From India, Bangalore
Hai all,
I also had the bitter taste of the topic u disscussed,i was also terminated and they gave the salary for which i worked but they didn't give me a releiving order.Pls suggest me how to handle this situation because i have a offer from an MNC ,they asked all details about what happened.My Question is When Third Party
Verification process what will the Hr say to the verifier whether they say tht i worked in that company and my conduct is god Or they will say badly about me???????????
Regards
Sameer
From India, Madras
I also had the bitter taste of the topic u disscussed,i was also terminated and they gave the salary for which i worked but they didn't give me a releiving order.Pls suggest me how to handle this situation because i have a offer from an MNC ,they asked all details about what happened.My Question is When Third Party
Verification process what will the Hr say to the verifier whether they say tht i worked in that company and my conduct is god Or they will say badly about me???????????
Regards
Sameer
From India, Madras
dear
you can terminate his services without giving any salary in liu of notice.basically he is workmen as per I D act and as he has not completed 240 days you can terminate his services .
now question comes licence under factories act.yours is not a factory because there is no production going on at this premises.you complete construction buy maschines and take liscence before starting production,which can be obtained from factory act dept after preparing approved plans.
you should register for provident fund.
tks
j s malik
From India, Delhi
you can terminate his services without giving any salary in liu of notice.basically he is workmen as per I D act and as he has not completed 240 days you can terminate his services .
now question comes licence under factories act.yours is not a factory because there is no production going on at this premises.you complete construction buy maschines and take liscence before starting production,which can be obtained from factory act dept after preparing approved plans.
you should register for provident fund.
tks
j s malik
From India, Delhi
Dear Malik, Please tell me if we have not served him two months notice then we will have to pay salary or not as it is mentioned on our appointment letter. Regards,
From India, Bangalore
From India, Bangalore
The termination of service must follow principle of "Natural Justice".Hence either the terms of dismissal/ termination be set out in advance in Offer Letter/ Appointment Letter or through published Service Rules in the Company manual.In case an employee is then given a termination notice with the laid down notice period ,the action will deemed to be legal and will hold scrutiny of law.This is my opnion and not assertion!!!!RegardsNeeraj
From India, Mumbai
From India, Mumbai
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