We hired one electrician in worker category and his performance was not found upto the mark and his probation period was extended by 3 months. But there was no improvement in his performance during extended probation period and he was again given extension for 3 months. But he did not improve. Somehow no action was taken and that person continue to work with us. Now his service is more than 13 months. When we discussed with the person, he said he will leave when he gets another job. What is legal remedy available or how we should go abo ut solving this case. Please advise.
Regards,
Maverick Venus

From India, New Delhi
dear venus
he has already completed 240 days and now he has got the status of permanent employee.you should have not extended his probation.now if you want to terminate his sevicesw you have to follow complete discipline procedure like chage sheet for the
not working properly,domestic enquiry and you have to prove the charges in enquiry.than only u can terminate.this is legal solution may not seems to be practical
tks
j s malik

From India, Delhi
Dear Sir,
I was under imoression that till the time you do not give aletter of confirmation to the employee he is not a permananet employee.But what you have mentiones is really very informative.Is this rule applicble for all the sector or limited sector.
With regards,
Sujata

From China, Beijing
dear sujatha it is mentined in industrial dispute act and applicable to all . tks j s malik
From India, Delhi
Dear Sir,
I have read in some magazine that some hon'ble court has passed an order in a case that till such time it is not given in writing, the employee is not deemed to be confirmed.
Regards
Amit Anand Gera

From India, New Delhi
Dear Venus, I Tottly Agreed With Mr Js Malik’s To The Point Statement And U Can See In Id Act Also. Jai Bakshi
From India, Delhi
Hello Friends, I want to add something, if you don't issue a probation extension letter to the said employee, he will be treated as permanent employee even if you have not issued the confirmation letter:icon1:.
From India, Warangal
hai friends im our company one of employee resigns job without noitce period intimation how can we take action on him:-?
From India, Coimbatore
Hi Kanmani, It depends on your company policy. According to our policy the employee should give one month’s notice or compensation in lieu of notice as decided by the company. Kalpana
From India, Madras
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