1 year probation completed.termination notice issued
Shanmugam .C
(Querist) 16 December 2017
This query is : Resolved
Sir/Madam,
1. In my appointment order signed by CEO of the organisation dated 01-10-2016 it was noted as follows:-
a) You are on probation for a period of one year from the date of joining.
b) You are confirmed in your post after the satisfactory completion of probationary
period service.
c). The Management reserves the right to terminate an employee on probation without any notice in case pf any deviance from the terms and conditions in this appointment order or found to be engaged in activities not in the interest of the institution.
2. I have joined duty on 21-10-2016.
3. I have not issued any memo or charge sheet as on date.
4. I have completed my one year probation period to the entire satisfaction of my superiors as on 20-10-2017.
5. As I have not been issued Completion of probation order even after completing one year, I have requested the Management to issue such order.
6. But, unfortunately, my HR Department has sent an E Mail on 18-11-2017 as follows:-
"As per the discussion we had earlier on 16-11-2017 regarding your
relieving, your Notice ends on 16-02-2018".
7. I have sent a reply on 20-11-2017 as follows:-
"Thank you for your mail. Kindly let me know the reason for my future
references regarding my relieving".
8. As I have not received any response from my management, I have sent an E-Mail / letter By RPAD on 13-12-2017 for reconsidering of my termination of services due to the following reasons:-
i) Kindly confirm HR Dept has got power to send intimation about my termination of service since the appointment order was issued by CEO.
ii) If HR department having such powers, kindly send a copy of delegation of power to HR department for issuing intimation of termination.
iii) There is no mentioning of period in which the original certificates submitted will be returned to me which was kept in safe custody of your trust before relieving me.
iv) Reason for termination was not intimated to me in writing till the date of sending this email/letter.
v) Reason for not issuing confirming order on completion of probationary period.
vi) Shortcoming if any in detail be informed for further improvement so as continue my services.
vii) Only on receipt of my request for issuing confirmation order under reference second cited, the HR department has sent the mail under reference third cited.
viii) Management has no right to terminate the employee after completion of probationary period without giving any valid reason.
ix) There is no indication about the probable date of refund of EPF contribution Amount since this organization is covered under “EPF exempted Establishment ” or EPF non – exempted Establishment” is not known.
viii) There is no indication about the probable date of refund of security deposit which is being recovered from my monthly salary.
ix) Under the above circumstances, I request you to kindly re-consider the issue so as to continue the job in this organization.
9. As I have came to know that its the routine they are following for many years. My seniors who have served more than 12 years in the organisation were also terminated in such fashion that too without being confirmed in the job(i.e continued as probation employee for such long duration also).
10. I may kindly be advised whether I can issue Advocate Notice to Management or approach the Labor Court or Consumer Court or leave the job as on 16-02-2017.
My E mail ID:shanmugam628@gmail.com
Mobile No. 9841288978.
Kumar Doab
(Expert) 16 December 2017
At point 4 you have mentioned that you have cleared probation period to the full satisfaction of your superiors.
Ref. to point 6 as posted by you.
The HR has mentioned about a meeting on 16-11-2017 drawing reference to some meeting. Was this meeting with you and HR person was involved?
It is mentioned that your notice ends on 16-02-2018 ≈ 3months.
At point 1.c) It is mentioned without any notice employment can be terminated………..
There is NO mention about notice period during and after probation period.
If there is any mention in documents available with you then relate if the notice period is during or after probation period. This can hint if your probation period was successfully completed and you were noted in internal records accordingly.
The published version of service conditions applicable in your case might have narration that employment can be terminated after probation period/confirmation by due notice.
In your reply dated; 20-02-2017 you have not made any reference to the said meeting and its minutes.
EPF refund as posted by you might be after expiry of notice period on 16-02-2018.
Since notice is issued probably you are being indicated to serve the notice period.
You may wait for the reply to your mail/letter.
Kumar Doab
(Expert) 16 December 2017
At point 10…..you seem to have mentioned wrong date.
Consumer Court is not the forum to agitate termination of employment.
You can approach Labor Court as per appropriate government in your case; State/Central, if you are covered by the def. of ‘Workman’ as in ID Act.
Or Shops & Estbs Act Inspectorate if establishment is covered the Act and you are covered by the def. of ‘Employee’ as in the Act.
Or you may have to approach jurisdictional Civil Courts that may not order reinstatement except in exceptional circumstances proven to the satisfaction of the court and may/may not award damages….
Kumar Doab
(Expert) 16 December 2017
Approach a very able LOCAL senior counsel of unshakable repute and integrity specializing in Labor/ Service matters having successful track record in courts of law for a considered opinion and show all docs and nature of your duties on record. Ask your counsel about prospects on stay of termination also, if you wish to file and continue with litigation.
Alternatively you may also contemplate settlement with management and firm up your next venture during notice period and to accept your resignation and waive off the notice period. (if it applies in your case per service conditions applicable in your case and applicable enactments).
The management may agree.
You seem to have sufficient time and may utilize it by going thru judgments by Labor Court/CGIT, Civil Courts in similar and ascertain merits, chances in your case.
You may find the view of Civil Courts entirely different from Labor Court however you can get insights and decide accordingly.
Are you serving the notice period and attending office?
P. Venu
(Expert) 18 December 2017
The facts posted suggests that due process has not been adhered in terminating you. You can seek legal remedies.
Guest
(Expert) 18 December 2017
Better switch over to some other job. Issue of advocate's notice to the management may not fetch you any positive result.
However, if you believe in adventures in life and want to experiment the 3 vague and impracticable pieces of advice of Mr. Kumar Doab, you may venture to do that. You will learn some lessons of life from your failure at least for the future.
