Kindly help me out if an employee is asked to leave the job by the management itself, even if the employee is on probation irrespective of any department, whether it's HR. Is it injustice, or does the management have the right to do so? If it's injustice, can an employee file a case in labor court against the company management.
From India, Delhi
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nathrao
3251

Employees are kept on probation for assessing the suitability of the person concerned. There is no legal issue to terminate a probationer as per terms of appointment and following principles of natural justice. I am sure the employee would have been warned, counseled in writing before, and still, there is no improvement.
From India, Pune
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A Probationer may be, during the ongoing Probationary Period, asked to "Quit" if his/her Performance and/or Behavior during the Probation is found unsatisfactory or not up to the mark and certainly before the completion of satisfactory Probation. That is often and generally part and parcel of the terms and conditions of Appointment-on-Probation. The person in such condition is shown the records of his/her unsatisfactory performance.

The moot point is whether such removal was not arbitrary and the said person was informed, from time to time, of his/her not so acceptable performance standards, which can be ascertained from the records so maintained (not contrived at the eleventh hour).

Kritarth Team of HR Management Professionals

13.10.18

From India, Delhi
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Hi,

Please review my article on the "Position Regarding Discharge of Probationer" published in the 2018 FLR Volume 157, Page 78 (Journal Section), which clarifies all the doubts.

Thanks,

S. Sensharma
Industrial Law Consultant, Meerut

From India, undefined
Attached Files (Download Requires Membership)
File Type: docx Position of Discharge of Probationers- a study.docx (17.9 KB, 130 views)

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Its a fair practice and nothing wrong however for your betterment pls find out reason
From India, Mumbai
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Dear, You have to check the letter of appointment issued to him. Termination or force fully resign conditions, policy or clauses mentioned in the letter of appointment. Thanks & Rgsd
From India, Delhi
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