As stated in the joining kit, the company retains the right to terminate employment during the probationary period without notice for reasons related to non-performance, misconduct, or indiscipline. What should we do if after that an employee asks for 14 days' salary as compensation as we terminated him from the company without notice?
From India, Bengaluru
Acknowledge(0)
Amend(0)
From India, Bengaluru
Acknowledge(0)Amend(0)
If you have terminated the employee on the grounds of any misconduct or non-performance and the same is mentioned in the termination letter as the reason for termination, then that termination can be challenged because it is a stigmatic termination. Before initiating such an action, the concerned employee should have been given an opportunity to be heard.
It is okay that during probation you can terminate an employee without notice and without assigning any reason therefor. But if you give a reason for termination, then the employee should be given an opportunity; otherwise, the termination would become stigmatic, which is not accepted.
An employee who has not even completed 240 days of work over a period of 12 months cannot demand any compensation. Therefore, his claim of 14 days (normally it is 15 days' salary) as compensation is not maintainable. You can ask him under what grounds he is requesting 14 days' salary as compensation.
From India, Kannur
Acknowledge(0)Amend(0)
4769It is okay that during probation you can terminate an employee without notice and without assigning any reason therefor. But if you give a reason for termination, then the employee should be given an opportunity; otherwise, the termination would become stigmatic, which is not accepted.
An employee who has not even completed 240 days of work over a period of 12 months cannot demand any compensation. Therefore, his claim of 14 days (normally it is 15 days' salary) as compensation is not maintainable. You can ask him under what grounds he is requesting 14 days' salary as compensation.
From India, Kannur
Acknowledge(0)Amend(0)
Could you please review the clause regarding the notice period for employees under the terms of appointment? Specifically, check if your company has a provision stating that any employee serving their probation must submit a resignation with a required notice period, such as 14 days. If such a clause exists, you are required to inform the employee at least 14 days (or the stipulated period) in advance before requesting their resignation or asking them to leave the organization.
Additionally, it is recommended to avoid terminating the employee's service abruptly. Instead, request their resignation and, in cases where they were not informed in advance, compensate them with 14 days' pay.
From India, Delhi
Acknowledge(0)Amend(0)
Additionally, it is recommended to avoid terminating the employee's service abruptly. Instead, request their resignation and, in cases where they were not informed in advance, compensate them with 14 days' pay.
From India, Delhi
Acknowledge(0)Amend(0)
Dear friend,
There may be a 'clause' in your appointment order issued to the terminated employee saying '...can be terminated without notice'. But there is a fundamental right to an employee which calls for a certain procedure to be adhered to before such an action. Even an under-performing employee who is on probation period (no mention of how many months of probation and how many months he served) is required to be issued an advisory, an opportunity for him to improve his performance for a specific period, say a month or two. Don't know if any formal training, hands-on was required to undergo? And still, there is an option to extend his probation period beyond the originally stipulated probation period. Without following these precautionary measures, abruptly terminating him is not fair. The concerned party may not even know for what he's being terminated, if and when he's kept in the dark. It's possible he's under the impression he has done well so far within his knowledge and experience. What if you demanded/expected much more than what he was recruited for? It's possible. I feel a properly structured administration should follow certain measures, 'fair labor practices', before resorting to capital punishment. Of course, generally, compensation is computed at 15 days of salary for every year of service rendered. If he has not completed one year, it becomes difficult. By all means, he might have completed one year, though under probation, if so, he deserves 15 days' salary and a formal notice. Some establishments follow a 'no harm' attitude by simply asking him to resign, and hence he may be relieved without a 'remark'. These are my thoughts if he's not being terminated as a result of 'misconduct', if any. That's different.
From India, Bangalore
Acknowledge(0)Amend(0)
There may be a 'clause' in your appointment order issued to the terminated employee saying '...can be terminated without notice'. But there is a fundamental right to an employee which calls for a certain procedure to be adhered to before such an action. Even an under-performing employee who is on probation period (no mention of how many months of probation and how many months he served) is required to be issued an advisory, an opportunity for him to improve his performance for a specific period, say a month or two. Don't know if any formal training, hands-on was required to undergo? And still, there is an option to extend his probation period beyond the originally stipulated probation period. Without following these precautionary measures, abruptly terminating him is not fair. The concerned party may not even know for what he's being terminated, if and when he's kept in the dark. It's possible he's under the impression he has done well so far within his knowledge and experience. What if you demanded/expected much more than what he was recruited for? It's possible. I feel a properly structured administration should follow certain measures, 'fair labor practices', before resorting to capital punishment. Of course, generally, compensation is computed at 15 days of salary for every year of service rendered. If he has not completed one year, it becomes difficult. By all means, he might have completed one year, though under probation, if so, he deserves 15 days' salary and a formal notice. Some establishments follow a 'no harm' attitude by simply asking him to resign, and hence he may be relieved without a 'remark'. These are my thoughts if he's not being terminated as a result of 'misconduct', if any. That's different.
From India, Bangalore
Acknowledge(0)Amend(0)
Hi, During the period of probation, the management can terminate the services of a probationer at any time without assigning any reason or without giving any notice provided that clause is available in the appointment letter. However, if you terminate a probationer for any act of misconduct, then it is strongly advisable to hold an enquiry as per the certified standing orders or the model standing orders as the case may be since there is a stigma attached to that action. If a probationer is relieved on completion of the probation period, then absolutely there is no issue, and it will not be construed as retrenchment or termination. To conclude, services of a probationer can be terminated at any time by invoking the appropriate clause in the appointment letter, and there is no need to pay any compensation or salary for that as mentioned.
From India, Chennai
Acknowledge(0)Amend(0)
0
0
From India, Chennai
Acknowledge(0)Amend(0)Hr-realty-360
Thanks
0
0
As I am from the real estate industry, here is a sales job completely based on sales and revenue targets. The employee did not achieve any sales, and despite being hired on a target basis, we paid him Rs 50,000/- as salary in September. However, in that month, he did not perform well, so we terminated him.
After receiving the termination email citing non-performance and indiscipline (not following the company's reporting policy), he is requesting 14 days' compensation and his October month's salary. He is also harassing me by posting on my LinkedIn and Instagram accounts regarding his Full and Final settlement.
From India, Bengaluru
Acknowledge(0)Amend(0)
After receiving the termination email citing non-performance and indiscipline (not following the company's reporting policy), he is requesting 14 days' compensation and his October month's salary. He is also harassing me by posting on my LinkedIn and Instagram accounts regarding his Full and Final settlement.
From India, Bengaluru
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
EMPLOYEES' COMPENSATION ACT - IMP- PROVISIONS IN TELUGU VERSION.pdf
Employees' Compensation Act 1923.doc
Ranjeetsingh243@gmail.com
Perfect