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D K ............... (GM(Legal))     24 April 2010

Termination of employee during probation period

One of our new joinee who has joined the company just 45 days back and was getting the professional charges instead of salary.He has threaten the top management by making a police complain against company's Director about mental harassment,etc.Now ,the company wants  to terminate him......So, how it is possible????

 

Regards

DK



Learning

 5 Replies

CA Adarsh Agrawal (CMD of SHAYVIDZ Group)     24 April 2010

i am not sure, but probably its not possible !!

radha krishna (vp-hr)     24 April 2010

Further details required to examine:

1. Is there any Probation clause in the appointment order?

2. Why the word Proffessional charges are used?

Once these details are given it becomes easy to suggest a probable clue to resolve the issue

1 Like

Daksh (Student)     24 April 2010

Dear Mr.D.K,

There is no harm/bar in retaining an employee on retainership basis or contractual basis during probation period as such your company has not done anything wrong.

Your company must be having standing orders take help of the same and terminate the employee by citing the incident of making false and frivolous complaint against the management of Company/or in the alternative follow the procedure of issuing show cause notice, conduct an enquiry and then terminate him.

Best Regards

 

Daksh

1 Like

valentine (Advocate)     26 April 2010

During training period it is quite easy to terminate any person undergoing probation/training. When the employees cannot conduct himself well even at the threshold of his/her career how can he be expected to abide by rules of the Co. later on? So fast action is required. Now labour laws are revised. The employe has all the rights to terminate any employee on misconduct, divulging secret information of the Co., tarnishing the image of the Co. If the employees is under Standing Orders any misconduct is punishable.

Rajeev (Manager-HR)     26 April 2010

Dear Sir,

We can terminate the services of any employee as per appointment terms. You may pay him a sum required to pay as per the terms of appointment & say him goodbye telling that your services are no more required.

OR if, as he has done any misconduct & lodge an FIR against the Directors of the company and the management is in the position to take a legal action, you may suspend him first till pending enquiry & than after enquiry you may terminate him looking at the severity of the misconduct.

Regards,

Rajeev    


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