CJK (associate) 09 June 2013

Termination for non performance

I had joined a company "X" in August 2012 at a CTC of Rs. 12 Lacs, where designation given to me was "Associate" and immediately I was deputed to a client "Y", where my salary directly use to come from client (Y) through cheque, but still I was holding Appointement Letter from "X". My appointment letter says, I will be on probation till 6 months for the purpose of getting comfortable with work and either party can terminate the services by a notice of 15 days. But after that either party has to serve a notice of 3 months. Things were going all fine when suddenly in 10th month of my service (May 2013) I was called for a so called apparaisal and after filling apparaisal form, suddenly I was handed over with termination letter stating 15 days notice. After I left office, immediately on the same day my email ID was suspended along with a notification to client and fellow collegues that I am no more working with the company. I just want to understand, that can I claim and sue company to pay 3 months salary. But they never gave me any conformation letter after probation, neither the appointment letter ever said that my performace will be reviewed after 6 months and I will get confirmed.

also to add, prior to termination letter, I never was handed over with any communication stating my performace is an issue with the company. No verbal, written or email communication was there. Please suggest

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CJK (associate) 09 June 2013

please help on urgent basis...

Hemang (Advocate) 09 June 2013

Please do not open more than one thread. As I understand, you were appointed by the Company purely on "probation". There are different ways of appointing the employees. No employer would directly appoint any person on "permanent basis" from day one. The employer, while appointing the candidate has also a right to test the overall performance, capability, integrity and such related values. The employee is confirmed on the post only after the successful completion of probationary period. The word "probation" is similar to "temporary". And, during the course of employment, if the employer comes to a conclusion that the services of the employee are not satisfactory, or upto the mark, the employer is perfectly justified in "terminating the services" and without "casting any stigma".

However, if you fall within the meaning of a "workman" and a Company under the "industry", and that if, you have continuously completed 240 days in a year, you have a right to ask for compensation in lieu of notice. If such notice and compensation, as provided under Section 25 (F) of the Industrial Disputes Act is not paid, it amounts to retrenchment. You can challenge the action by agitating the dispute under Section 10 (1) (c) of the Industrial Disputes Act. A case of N. Sundra Mony decided by Honourable the Supreme Court may be very much helpful to you.