Hi Team, One of my friends was laid off from an organization within three months of probation, citing performance. However, the organization delayed this decision until the fourth month after probation. In the fifth month, they asked him to resign voluntarily; otherwise, they forced termination.
It was mentioned in the offer letter that "3 MONTHS Your performance and conduct will be monitored during this period, and if found satisfactory, your appointment will be confirmed. If ABC considers your performance or conduct to be unsatisfactory or unsuitable for the role, your probation period may be extended, or your employment may be terminated." Now they gave me one day's notice and asked me to forcefully resign my own, which I did, and not give me compensation for 3 months, and I have been without a job after this sudden shock for more than 2 months.
I asked them to reconsider my request and provide me with three months of compensation to provide financial relief until I get a new job. They are continuously denying my request and saying, "We would have terminated you, but we gave you the option to resign."
Please assist me whether there is anything we can do to get my compensation benefits.
Thank you.
From India, Pune
It was mentioned in the offer letter that "3 MONTHS Your performance and conduct will be monitored during this period, and if found satisfactory, your appointment will be confirmed. If ABC considers your performance or conduct to be unsatisfactory or unsuitable for the role, your probation period may be extended, or your employment may be terminated." Now they gave me one day's notice and asked me to forcefully resign my own, which I did, and not give me compensation for 3 months, and I have been without a job after this sudden shock for more than 2 months.
I asked them to reconsider my request and provide me with three months of compensation to provide financial relief until I get a new job. They are continuously denying my request and saying, "We would have terminated you, but we gave you the option to resign."
Please assist me whether there is anything we can do to get my compensation benefits.
Thank you.
From India, Pune
Probation can be extended but giving communication of such extension. During the extended period the employer can initiate termination without notice also. In your friend's case, though the appointment order is week, the act of employer terminating him service cannot be illegal. Instead of termination they have given him an option of resignation and he did it. What happened to him after his relieving is not their headache. Therefore, whatever happened is not fair but there is no recourse.
From India, Kannur
4293From India, Kannur
Either during the initial probation period or during the extended probationary period, the services can be terminated citing the clause in the said probationary order. However, if the employee gets confirmed and then they want him to quit by way of resignation citing performance unsatisfactory is very unethical. May be, there could be some other issue with the Management. But, if there is a clause in the appointment letter or confirmation letter saying that either side to give three months' notice if they want to get separated. In such case, if the employee is relieved without considering any salary in lieu of notice period, he can either write to the top Management explaining the situation and ask for the same or file a civil suit before a civil court which is not advisable. Hence, it is better to just forget it and look for further opportunity and move on. If he is very specific, he can at the most drop a letter to the MD or Director and explain the situation and seek for remedy.
From India, Chennai
From India, Chennai
Here are some suggestions for negotiating a fair compensation package when laid off during the probation period:
### Prepare in Advance
- **Understand the Law**: Familiarize yourself with relevant labor laws and regulations. Know your rights regarding probationary period dismissals, as this will form the basis of your negotiation. For example, in some regions, there are specific provisions about the reasons and procedures for dismissing probationary employees.
- **Gather Evidence**: Collect proof of your work performance, such as completed projects, positive feedback from colleagues or supervisors, and records of meeting work requirements. This evidence will help demonstrate that your dismissal was unjust or that you deserve proper compensation.
- **Know Your Worth**: Research the average compensation packages for similar positions in the industry and region. This will give you a benchmark to determine what is a fair offer.
### Choose the Right Time and Place
- **Select the Right Time**: Pick a time when the decision-maker is likely to be receptive and not rushed or under pressure. Avoid busy periods or times when they may be dealing with other major issues.
- **Opt for a Suitable Venue**: Choose a quiet and private place for the negotiation, such as a meeting room. This ensures that you can have an open and honest discussion without distractions or interruptions.
### Adopt the Right Negotiation Strategy
- **Be Polite and Professional**: Maintain a respectful and calm attitude throughout the negotiation. Avoid being confrontational or aggressive, as this may harm your chances of reaching a favorable agreement. Start by expressing your understanding of the company's situation while also highlighting your own needs.
- **Clearly State Your Case**: Present your arguments logically and clearly. Explain why you believe you are entitled to a fair compensation package, referring to your work performance, the circumstances of the dismissal, and any relevant legal provisions.
- **Listen Actively**: Give the other side a chance to speak and listen carefully to their perspective. Understand their concerns and constraints, and try to find common ground. This may involve some compromise on both sides.
- **Propose a Reasonable Solution**: Suggest a specific compensation amount or package that you think is fair, backed up by your research and evidence. Be prepared to justify your proposal and be open to counteroffers. You could also mention other forms of compensation, such as additional training opportunities or a positive reference letter.
- **Use Positive Language**: Positively frame your requests, focusing on the mutual benefits of reaching an agreement. For example, you could mention that a fair compensation package will help you transition smoothly and leave a good impression of the company.
### Follow Up
- **Put It in Writing**: After the negotiation, if an agreement is reached, make sure to get it in writing. This could be in the form of an email or a formal settlement agreement. This ensures that both parties are clear on the terms and provides a record for future reference.
- **Thank the Other Party**: Send a thank-you note or email to the person you negotiated with, expressing your appreciation for their time and cooperation. This helps maintain a good relationship and leaves a positive impression.
As far as Three Months' Probation is concerned, the initial three months on the job are a testing period for both the employee and the company. This initial period will give the employee a chance to adjust to his/her position and to see whether the employee enjoys working for the Company. At the same time, it allows the Company to observe employee progress and evaluate his/her skills, talents, and aptitude for the Company business.
During the employee's trial period, his/her supervisor will discuss his/her performance with him/her and suggest solutions for any difficulty the employee may encounter because working in the right job is essential to satisfaction and progress. If the employee is not suited to the employee's present assignment, every effort will be made to determine his/her aptitude for another type of work. If it is decided that the employee's continued employment with the Company is not mutually beneficial – to the employee and the Company - the employee's employment will terminate without severance pay.
Although the employee won't be paid for any absence during his/her first three months of work, the employee will become a permanent member upon successful completion of his/her trial period.
Hope the above helps.
Thank you and best regards,
John Chiang
From Taiwan, Taipei
### Prepare in Advance
- **Understand the Law**: Familiarize yourself with relevant labor laws and regulations. Know your rights regarding probationary period dismissals, as this will form the basis of your negotiation. For example, in some regions, there are specific provisions about the reasons and procedures for dismissing probationary employees.
- **Gather Evidence**: Collect proof of your work performance, such as completed projects, positive feedback from colleagues or supervisors, and records of meeting work requirements. This evidence will help demonstrate that your dismissal was unjust or that you deserve proper compensation.
- **Know Your Worth**: Research the average compensation packages for similar positions in the industry and region. This will give you a benchmark to determine what is a fair offer.
### Choose the Right Time and Place
- **Select the Right Time**: Pick a time when the decision-maker is likely to be receptive and not rushed or under pressure. Avoid busy periods or times when they may be dealing with other major issues.
- **Opt for a Suitable Venue**: Choose a quiet and private place for the negotiation, such as a meeting room. This ensures that you can have an open and honest discussion without distractions or interruptions.
### Adopt the Right Negotiation Strategy
- **Be Polite and Professional**: Maintain a respectful and calm attitude throughout the negotiation. Avoid being confrontational or aggressive, as this may harm your chances of reaching a favorable agreement. Start by expressing your understanding of the company's situation while also highlighting your own needs.
- **Clearly State Your Case**: Present your arguments logically and clearly. Explain why you believe you are entitled to a fair compensation package, referring to your work performance, the circumstances of the dismissal, and any relevant legal provisions.
- **Listen Actively**: Give the other side a chance to speak and listen carefully to their perspective. Understand their concerns and constraints, and try to find common ground. This may involve some compromise on both sides.
- **Propose a Reasonable Solution**: Suggest a specific compensation amount or package that you think is fair, backed up by your research and evidence. Be prepared to justify your proposal and be open to counteroffers. You could also mention other forms of compensation, such as additional training opportunities or a positive reference letter.
- **Use Positive Language**: Positively frame your requests, focusing on the mutual benefits of reaching an agreement. For example, you could mention that a fair compensation package will help you transition smoothly and leave a good impression of the company.
### Follow Up
- **Put It in Writing**: After the negotiation, if an agreement is reached, make sure to get it in writing. This could be in the form of an email or a formal settlement agreement. This ensures that both parties are clear on the terms and provides a record for future reference.
- **Thank the Other Party**: Send a thank-you note or email to the person you negotiated with, expressing your appreciation for their time and cooperation. This helps maintain a good relationship and leaves a positive impression.
As far as Three Months' Probation is concerned, the initial three months on the job are a testing period for both the employee and the company. This initial period will give the employee a chance to adjust to his/her position and to see whether the employee enjoys working for the Company. At the same time, it allows the Company to observe employee progress and evaluate his/her skills, talents, and aptitude for the Company business.
During the employee's trial period, his/her supervisor will discuss his/her performance with him/her and suggest solutions for any difficulty the employee may encounter because working in the right job is essential to satisfaction and progress. If the employee is not suited to the employee's present assignment, every effort will be made to determine his/her aptitude for another type of work. If it is decided that the employee's continued employment with the Company is not mutually beneficial – to the employee and the Company - the employee's employment will terminate without severance pay.
Although the employee won't be paid for any absence during his/her first three months of work, the employee will become a permanent member upon successful completion of his/her trial period.
Hope the above helps.
Thank you and best regards,
John Chiang
From Taiwan, Taipei
"Laid off" is a misnomer for this case. Ultimately it is the case of 'resignation' and not a 'termination' as per the record. A compensation may be possible only after completing one year of service. In your case even this also didn't happen. And therefore you don't have any strong case to fight it out Close the issue and pursue other options to gain a new job of your choice. Meanwhile you shall have 'soul searching' reg.your own performance to identify what you lack as an employee and try to improve your employability for a promising future. Don't lose heart, this is not the end of the world. Have courage and believe in yourself. Wishing you all the best.
From India, Bangalore
From India, Bangalore
As per the guidelines of Industrial Standing Orders Act, 1946 the probation period is 3 months. And our Apex court has given judgement that the probation period should be 2 months. Further, in Western India Match Limited Vs. Workmen case, it has clearly made the rule for 2 months probation period https://indiankanoon.org/doc/1104358/
The laws and guidelines of labour and employment in our democratic country are religiously not followed by the companies. The probation period is being used and exploited as tool/strategy to terminate the employees. Everybody has a right to life and it includes the right to employment also. There is lack of commitment from the company to take due care to make the probationer fit as an employee.
In the given case, the company didn't give any feedback till the 4 months of probation and put in efforts and initiatives for improvement to the shortcomings and deficiencies in the performance of the employee, if observed. Hasn't this violated the company's performance when it suddenly coercively asked the employee to render his resignation? It's clearly showing the dictatorship kind of treatment in the part of the company which is not fair and acceptable in a democracy!!
Our Government should enforce the rules and guidelines relating to employment sacrosanctly for a happier society!
From India, Pune
The laws and guidelines of labour and employment in our democratic country are religiously not followed by the companies. The probation period is being used and exploited as tool/strategy to terminate the employees. Everybody has a right to life and it includes the right to employment also. There is lack of commitment from the company to take due care to make the probationer fit as an employee.
In the given case, the company didn't give any feedback till the 4 months of probation and put in efforts and initiatives for improvement to the shortcomings and deficiencies in the performance of the employee, if observed. Hasn't this violated the company's performance when it suddenly coercively asked the employee to render his resignation? It's clearly showing the dictatorship kind of treatment in the part of the company which is not fair and acceptable in a democracy!!
Our Government should enforce the rules and guidelines relating to employment sacrosanctly for a happier society!
From India, Pune
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