We terminated one employee, providing additional wages for one month, who was under a probationary period. The employee had worked for a duration of 4 months and 17 days. Subsequently, he lodged a complaint with the labor commissioner in Bihar, claiming that the termination was illegal. We seek clarification on the legality of this termination. An inquiry is scheduled for 07/09/2018 at the labor office in Bihar. It is worth noting that the employee worked within the jurisdiction of Madhya Pradesh but filed the complaint in Bihar. We require guidance on employment-related legal matters and seek the assistance of an advocate specializing in this field.
From India, Hyderabad
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36From India, Hyderabad
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Hi,
As you have not provided details about your company profile, nature of work, or the reason for the termination of services, there is very little scope for anyone to provide their view. However, according to THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946 (https://labour.gov.in/sites/default/files/INDUSTRIALEMPLOYMENT(STANDINGORDERS)1CENTRALRULES1 946.pdf), Section 13(2), "No temporary workman, whether monthly-rated, weekly-rated, or piece-rated, and no probationer or badli, shall be entitled to any notice or pay in lieu thereof if their services are terminated."
Now, there are two points to consider:
1) In your case, you have provided one month's salary as notice pay, which is a positive for you.
2) If the appointment was made in MP and it is clearly mentioned in the appointment letter that the employee can only file a complaint in MP, not in Bihar. In such a case, the labor department of another state cannot issue you a notice to appear.
Thank you.
From India, Varanasi
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As you have not provided details about your company profile, nature of work, or the reason for the termination of services, there is very little scope for anyone to provide their view. However, according to THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946 (https://labour.gov.in/sites/default/files/INDUSTRIALEMPLOYMENT(STANDINGORDERS)1CENTRALRULES1 946.pdf), Section 13(2), "No temporary workman, whether monthly-rated, weekly-rated, or piece-rated, and no probationer or badli, shall be entitled to any notice or pay in lieu thereof if their services are terminated."
Now, there are two points to consider:
1) In your case, you have provided one month's salary as notice pay, which is a positive for you.
2) If the appointment was made in MP and it is clearly mentioned in the appointment letter that the employee can only file a complaint in MP, not in Bihar. In such a case, the labor department of another state cannot issue you a notice to appear.
Thank you.
From India, Varanasi
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Dear Thirumurugan,
In industrial disputes, the place of work of the workman is the decisive factor for jurisdiction. Even if the appointment was made elsewhere, it is the place where the disputant workman works or last worked that would determine the jurisdiction for raising an industrial dispute.
Secondly, if the termination of the probationer was a discharge simpliciter, he cannot be successful in a dispute against it, should the termination be based on well-documented performance parameters.
Thank you.
From India, Salem
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In industrial disputes, the place of work of the workman is the decisive factor for jurisdiction. Even if the appointment was made elsewhere, it is the place where the disputant workman works or last worked that would determine the jurisdiction for raising an industrial dispute.
Secondly, if the termination of the probationer was a discharge simpliciter, he cannot be successful in a dispute against it, should the termination be based on well-documented performance parameters.
Thank you.
From India, Salem
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Normally, in the absence of standing orders, the appointment order will contain such provisions. If the appointment order speaks about termination without notice and without assigning reasons during the probation period, then your act of terminating the worker cannot be challenged by him even if you do not mention his poor performance as a reason for termination. However, if you do cite his poor performance as the reason for termination, then you should have documented proof to establish that he was a poor performer. You can attend the hearing and clarify that he was on probation and that his termination was due to his poor performance. The employer is not obligated to offer employment to a worker who does not perform adequately. Additionally, if you have provided him with one month's pay, which is considered notice pay, I do not believe that the department will support the worker in this case.
From India, Kannur
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From India, Kannur
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China Rules On Terminating An Employee.docx