Dear Expert,
In a limited company,
can a service in a probation period be terminated at any time-
with immediate effect
without telling the reason,
without giving warning
without giving any opportunity to defend or explain as the reason itself is not told.
but only giving notice pay.
Only resignation was asked, but reason was not told at all.
In the appointment letter,it is mentioned that termination is only on
misconduct. Termination on low performance is not mentioned.
So, if the tremination is due to misconduct then the employee doesn't even have right to know "WHAT MISCONDUCT HE HAS DONE?"
Also, if the employee had already taken initiative in advance and requested to HR and sales seniors 3 times to give little time and he wants to work and he assured about delivering good performance? Then what HR should respond ideally?
I was working as a sales manager in an insurance company.
Please help me and guide me what can be done.
Can I suit a case? it should be in labor court or civil court?
Approx how much "Time and Money" I will have to spend? Can I ask for compensation from company?
Please help....
Thankyou
With Regards
Sim
From India, Mumbai
In a limited company,
can a service in a probation period be terminated at any time-
with immediate effect
without telling the reason,
without giving warning
without giving any opportunity to defend or explain as the reason itself is not told.
but only giving notice pay.
Only resignation was asked, but reason was not told at all.
In the appointment letter,it is mentioned that termination is only on
misconduct. Termination on low performance is not mentioned.
So, if the tremination is due to misconduct then the employee doesn't even have right to know "WHAT MISCONDUCT HE HAS DONE?"
Also, if the employee had already taken initiative in advance and requested to HR and sales seniors 3 times to give little time and he wants to work and he assured about delivering good performance? Then what HR should respond ideally?
I was working as a sales manager in an insurance company.
Please help me and guide me what can be done.
Can I suit a case? it should be in labor court or civil court?
Approx how much "Time and Money" I will have to spend? Can I ask for compensation from company?
Please help....
Thankyou
With Regards
Sim
From India, Mumbai
Termination during Probation period is possible if it is clearly stated in the contract of appointment. If the letter says that your services shall be terminated on the ground of misconduct only, then it is open to you to ask the management why warning letter was not given.
Now, maintainability of your case in Labour court is another matter. You can not come under the definition of workman under the Industrial Disputes Act. Similarly the applicable law about service conditions of sales promotion employees, ie, Sales Promotion Employees(Conditions of Service) Act applies only to sales personnels of pharmaceutical companies and does not cover insurance companies. Therefore, you have to find recourse under the civil law which is time consuming.
I welcome comments from others.
Regards,
Madhu.T.K
From India, Kannur
4249Now, maintainability of your case in Labour court is another matter. You can not come under the definition of workman under the Industrial Disputes Act. Similarly the applicable law about service conditions of sales promotion employees, ie, Sales Promotion Employees(Conditions of Service) Act applies only to sales personnels of pharmaceutical companies and does not cover insurance companies. Therefore, you have to find recourse under the civil law which is time consuming.
I welcome comments from others.
Regards,
Madhu.T.K
From India, Kannur
Please check up your offer letter and ensure that the following clause is not there.
" During probation period, your services may be terminated at any time with our giving any notice and without assigning any reason".
If that is not there what is the clause of termination? Please reproduce it here.
You said "only resignation was asked". Now legally speaking you have resigned and the Management has relieved you. Where is the question of having a grievance ?
When you have resigned, how can you raise an industrial dispute or civil suit?
Whether private limited, or public limited, every organisation engages persons to achieve its organisational goals; and not for charity.
No organistion would like to lose any employee who is contributing to achieve its organisational goals.
From India, Madras
" During probation period, your services may be terminated at any time with our giving any notice and without assigning any reason".
If that is not there what is the clause of termination? Please reproduce it here.
You said "only resignation was asked". Now legally speaking you have resigned and the Management has relieved you. Where is the question of having a grievance ?
When you have resigned, how can you raise an industrial dispute or civil suit?
Whether private limited, or public limited, every organisation engages persons to achieve its organisational goals; and not for charity.
No organistion would like to lose any employee who is contributing to achieve its organisational goals.
From India, Madras
Thankyou for your valuable responses.
I would like to clarify to K.C.S Kutty that
I was 'asked' to resign without telling any reason. BUT I DIDNOT RESIGN. So I was terminated in a week's time.
The termination clause in appointment letter reads as--
"The employment may be terminated by either party, by providing a formal notice of minimum period. The company alone may opt to make/accept payment in lieu of notice period."
'Without assigning any reason' is NOT Mentioned in the appointment letter.
Also, I would like to ask Madhu sir that
if the case has to be logged in the Civil Court, then can we demand 'compensation' from the company?
With Regards
Sim
From India, Mumbai
I would like to clarify to K.C.S Kutty that
I was 'asked' to resign without telling any reason. BUT I DIDNOT RESIGN. So I was terminated in a week's time.
The termination clause in appointment letter reads as--
"The employment may be terminated by either party, by providing a formal notice of minimum period. The company alone may opt to make/accept payment in lieu of notice period."
'Without assigning any reason' is NOT Mentioned in the appointment letter.
Also, I would like to ask Madhu sir that
if the case has to be logged in the Civil Court, then can we demand 'compensation' from the company?
With Regards
Sim
From India, Mumbai
In first post you mentioned " Only resignation was asked ".
BUT I DID NOT RESIGN. So I was terminated in a week's time" is seen the subsequent post only.
My reply was based on the facts disclosed in the first post only.
KCS Kutty
From India, Madras
BUT I DID NOT RESIGN. So I was terminated in a week's time" is seen the subsequent post only.
My reply was based on the facts disclosed in the first post only.
KCS Kutty
From India, Madras
You are working in a managerial position.You must be able to understand the reason why you are asked to leave the job.
You had not even completed your probationary period...... why you develop such a high state of enmity with employer.
Organization is always stronger than an individual.In this young age, you must try to learn from your own mistakes for your own growth. Don't get carried away by unwanted thinking which will cost your money,time, relationship and your valuable career.
This incident may be good for you. You will become a good result oriented Sales personnel very soon if you take this in the right Perspective.
From India, New Delhi
You had not even completed your probationary period...... why you develop such a high state of enmity with employer.
Organization is always stronger than an individual.In this young age, you must try to learn from your own mistakes for your own growth. Don't get carried away by unwanted thinking which will cost your money,time, relationship and your valuable career.
This incident may be good for you. You will become a good result oriented Sales personnel very soon if you take this in the right Perspective.
From India, New Delhi
Thankyou.
I never had enmity with anybodyin office. Rather I was recognised as most helpful, co-operative, taking initiatives and interest in office cultural activities..This is the reason I was shocked when i was treated so insulting by my senior by termination. My senior was torturing me from 2nd month onwards, as he did always to others also.I tried to complain but i was told to wait till i am in probation by my reporting manager.
Though i kept silent, i was firm and improving my performance.But maybe he was expecting some more fast results from me..
I have a good performance record in my past job and so I think termination is a stigma on my hard earned career....WITHOUT EVEN KNOWING THE REASON OF TERMINATION...!
It is very humiliating feeling....should not happen with enemy also..
From India, Mumbai
I never had enmity with anybodyin office. Rather I was recognised as most helpful, co-operative, taking initiatives and interest in office cultural activities..This is the reason I was shocked when i was treated so insulting by my senior by termination. My senior was torturing me from 2nd month onwards, as he did always to others also.I tried to complain but i was told to wait till i am in probation by my reporting manager.
Though i kept silent, i was firm and improving my performance.But maybe he was expecting some more fast results from me..
I have a good performance record in my past job and so I think termination is a stigma on my hard earned career....WITHOUT EVEN KNOWING THE REASON OF TERMINATION...!
It is very humiliating feeling....should not happen with enemy also..
From India, Mumbai
If the agreement says "termination without notice or reason" , employer can invoke it. If the dimissal order says that u r dismissed for certain MISCONDUCT, then you should be heard b4 passing any order.
From India, Tiruchchirappalli
From India, Tiruchchirappalli
The agreement DONT have words as "without reason" mentioned anywhere. The termination is more shocking to me because my BEST business and time was about to come within a week after a follow up of 3 months and my career was about to take a "flight" after 4 months runway.
So when it was time to have fruits I was ""terminated without notice....""
From India, Mumbai
So when it was time to have fruits I was ""terminated without notice....""
From India, Mumbai
I understand that you are in PROBATION period during the termination. Every appointment letter would say that during the PROBATION period the service will be terminationed witihout notice if found unsatisfactory. Kindly see the words in your termination letter, if it says nothing, you have remote chance but if says someting relates to your discipline, then you have fair of chance suceeding in your case.
From India, Tiruchchirappalli
From India, Tiruchchirappalli
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Termination-emp loyment_563.pdf
Termination letter.doc