After two months of joining, my director asked (verbally) me to find another job. In probation period, is it justified to terminate without any special reasons?
There is a clause in my appointment letter that says "in case of mis-behaviour or untrue personal information, i can be terminated without notice or compensation".
They have not given me any letter in this regard. Can i take up this matter in labor court?
-Thanks
Hemant
From India, Faridabad
There is a clause in my appointment letter that says "in case of mis-behaviour or untrue personal information, i can be terminated without notice or compensation".
They have not given me any letter in this regard. Can i take up this matter in labor court?
-Thanks
Hemant
From India, Faridabad
Hemant,
Kindly refer your probationary clause. If it stated that your agreement can be terminated without giving any reason then the employer has the right to do so. Kindly note that you are not a permanent employee when you are under probation.
Thanks
From India, Bangalore
2Kindly refer your probationary clause. If it stated that your agreement can be terminated without giving any reason then the employer has the right to do so. Kindly note that you are not a permanent employee when you are under probation.
Thanks
From India, Bangalore
Hi Hemant,
There is always some reason behind anything that happens except the Natural Phenomenon.Employer can terminate you but to know the reason is your right.and if you know the reasons of you termination,You can then decide whether to react or not.I am sure that if you ask for the reason of your termination,your boss will not refuse to do so.
Thanks,
Bijay
From India, Vadodara
There is always some reason behind anything that happens except the Natural Phenomenon.Employer can terminate you but to know the reason is your right.and if you know the reasons of you termination,You can then decide whether to react or not.I am sure that if you ask for the reason of your termination,your boss will not refuse to do so.
Thanks,
Bijay
From India, Vadodara
Hemant,
During probation, employment can be terminated without giving any reason and without notice.
In some cases, the appointment letter or offer letter may state some period of notice, but generally this is small.
Your director has verbally told you to find another job. I assume he does not find your work satisfactory. He is giving you a chance to find another job and resign rather than be terminated. Termination generally carries a negative impact on your CV.
Whether a person can be terminated without reason depends, in reality, on the size of the organisation. In smaller organisation and proprietary or private limited companies, you are actually working at the will of the owner and if he does not want you, you have to leave. If he has to provide a reason, he can give any and you have not way out.
if you are in a larger organisation that has rules set out and a system of natural justice and procedure for appeals, then its a different matter. But in probation, most of this does not apply
From India, Mumbai
During probation, employment can be terminated without giving any reason and without notice.
In some cases, the appointment letter or offer letter may state some period of notice, but generally this is small.
Your director has verbally told you to find another job. I assume he does not find your work satisfactory. He is giving you a chance to find another job and resign rather than be terminated. Termination generally carries a negative impact on your CV.
Whether a person can be terminated without reason depends, in reality, on the size of the organisation. In smaller organisation and proprietary or private limited companies, you are actually working at the will of the owner and if he does not want you, you have to leave. If he has to provide a reason, he can give any and you have not way out.
if you are in a larger organisation that has rules set out and a system of natural justice and procedure for appeals, then its a different matter. But in probation, most of this does not apply
From India, Mumbai
Hi
Probation is a term used to find your skills suitable to the work assigned. Normally, during probation , the time period for notice is limited to a fornight or one month, it is mutually agreed under terms and condtions of employment. hence, a communication to employee to leave job can considered as notice, in first instance. with his oral communication he has given time to search and leave the job. you have to take in the positive note and search another job. first you say that you will search for job. And approach him for his observations and advise to improve your performance. you need to understand boss well, perform job under his guidence.
From India, Hyderabad
Probation is a term used to find your skills suitable to the work assigned. Normally, during probation , the time period for notice is limited to a fornight or one month, it is mutually agreed under terms and condtions of employment. hence, a communication to employee to leave job can considered as notice, in first instance. with his oral communication he has given time to search and leave the job. you have to take in the positive note and search another job. first you say that you will search for job. And approach him for his observations and advise to improve your performance. you need to understand boss well, perform job under his guidence.
From India, Hyderabad
Dear Hemant,
we can understand your problem, definitely it is unjustified termination without a notice and cause.You ask your HR Department in written to serve the notice and cause of termination and then you can take advise of any advocate on this matter to bring it in to the labour court.
Saroj
From India, Mumbai
we can understand your problem, definitely it is unjustified termination without a notice and cause.You ask your HR Department in written to serve the notice and cause of termination and then you can take advise of any advocate on this matter to bring it in to the labour court.
Saroj
From India, Mumbai
Hi Hemant,
You do have a right to know for what reason you are being terminated but think of one thing: Once your Director has decided he or she can always tell or create any reason to be quoted so it will not be of any help unless until you are sure that you will get a honest response which i doubt. In case you decide to take it up then your line should be that you want to understand your shortcomings rather than contest so that you can make amends which will help you in your future. My advise is to focus on your future rather than waste your energy in digging this cos you will not get much out of it.
From India
You do have a right to know for what reason you are being terminated but think of one thing: Once your Director has decided he or she can always tell or create any reason to be quoted so it will not be of any help unless until you are sure that you will get a honest response which i doubt. In case you decide to take it up then your line should be that you want to understand your shortcomings rather than contest so that you can make amends which will help you in your future. My advise is to focus on your future rather than waste your energy in digging this cos you will not get much out of it.
From India
Dear Matul,
Most of the company has their probation period notice as 7 days. The Director would have found that you would not be suitable for the organisation so he has said you to look for a job outside. Here they don't want to give a termination letter by spoiling your career. So take it positive and look for a job outside as soon as possible.
I don't suggest you for going for labour court because you have to spend much time on it and when ever you have a hearing you have to appear for this for a mere amount.
Better you write to your company to give the 7 days salary or what ever the notice period mentioned for a probationary employee.
If you have a clause that the appointment is terminated without notice under probation then there is no use in claiming for compensation or going for labour court.
From India, Mumbai
Most of the company has their probation period notice as 7 days. The Director would have found that you would not be suitable for the organisation so he has said you to look for a job outside. Here they don't want to give a termination letter by spoiling your career. So take it positive and look for a job outside as soon as possible.
I don't suggest you for going for labour court because you have to spend much time on it and when ever you have a hearing you have to appear for this for a mere amount.
Better you write to your company to give the 7 days salary or what ever the notice period mentioned for a probationary employee.
If you have a clause that the appointment is terminated without notice under probation then there is no use in claiming for compensation or going for labour court.
From India, Mumbai
Point one :- You yourself realise what is wrong.
Point two : - the clause mentioned has no value, it is not on stamp paper and not signed by two parties at same point with elaboration of the details, it is arbitrary and since such things are not discuss during hiring, has no legal value (those are mere binding on the one standing at receiving end). One does not left job and join other just to get nailed.
Point Three :- A verbal warring is just an abuse, now a days and specially Corporate are bind by the social responsibilities, they cant do hire and fire. I should not write but I am simply pissed off by such action, how come they harass a person on their wishes who can be a bread winner for more than one. Approach your HR Dept (But make sure you stand on substantial grounds). Treating people like cattle is not permissible at any cost.
Hemant why dont not you put this on writing. like....
Dear .....,
As per the verbal warring on ......... issue, I will make sure to uplift my work standards as per your requirements & wishes.
Thanks
Hemant (next time it happen make sure to mark your Mgt CC)
Point Four :- Ethically they should mention what you are lacking....
Give time to redo things..........
If they do not............ (leave such company who does not listen, react and just, before they fire you)
I personally feel the probation is a useless burden on new comers, before today never saw any company taking action (apart from sever financial, sexual harassment).
See my point is if I ask for a training costing much, then it is okay that the company ask for a bond, and if I failed then ask for the damages. But in this case one get an offer letter...... left present job........ join another and that joining date he is asked to sign which is so useless and that too at that time when he is not in a position to negotiate.
Hemant do not want you to have a fight (literary), See if you are not fit for this job I assure you are not fit for any job (hope you are getting me). Labour court will kill your chances to work in the organisation and else where ( Whistle blowere is a myth)
My remarks are based on the fact mentioned by Hemant in his query and I might be wrong if he is hiding something.
Hemant are you sure you do not indulge in some under the water thing????
From India, Gurgaon
Point two : - the clause mentioned has no value, it is not on stamp paper and not signed by two parties at same point with elaboration of the details, it is arbitrary and since such things are not discuss during hiring, has no legal value (those are mere binding on the one standing at receiving end). One does not left job and join other just to get nailed.
Point Three :- A verbal warring is just an abuse, now a days and specially Corporate are bind by the social responsibilities, they cant do hire and fire. I should not write but I am simply pissed off by such action, how come they harass a person on their wishes who can be a bread winner for more than one. Approach your HR Dept (But make sure you stand on substantial grounds). Treating people like cattle is not permissible at any cost.
Hemant why dont not you put this on writing. like....
Dear .....,
As per the verbal warring on ......... issue, I will make sure to uplift my work standards as per your requirements & wishes.
Thanks
Hemant (next time it happen make sure to mark your Mgt CC)
Point Four :- Ethically they should mention what you are lacking....
Give time to redo things..........
If they do not............ (leave such company who does not listen, react and just, before they fire you)
I personally feel the probation is a useless burden on new comers, before today never saw any company taking action (apart from sever financial, sexual harassment).
See my point is if I ask for a training costing much, then it is okay that the company ask for a bond, and if I failed then ask for the damages. But in this case one get an offer letter...... left present job........ join another and that joining date he is asked to sign which is so useless and that too at that time when he is not in a position to negotiate.
Hemant do not want you to have a fight (literary), See if you are not fit for this job I assure you are not fit for any job (hope you are getting me). Labour court will kill your chances to work in the organisation and else where ( Whistle blowere is a myth)
My remarks are based on the fact mentioned by Hemant in his query and I might be wrong if he is hiding something.
Hemant are you sure you do not indulge in some under the water thing????
From India, Gurgaon
Hello Everyone,
I am not sure this response will be liked--the best-case-scenario & the Worst-case-scenario being inviting brickbats from the members.
Frankly, Hemant seems to be under the impression that going legal is a solution for all & any such issue--WITHOUT so much as an exploration of OTHER avenues to resolve the matter--a sort of 'panacea' for all evils.
However, what's more surprising is the responses of some members who sort-of 'goad' him into this direction WITHOUT any details of the situation.
For one, Hemant hasn't mentioned the reasons for his being asked to 'look for another job'. NOT ONE member has asked for this input BEFORE recommending to go legal. Isn't this a part of the general 'responsibility' of guiding/advising someone? What if Hemant just went by the advice given to go legal with crucial facts missing & he, possibly, lands into a deeper mess? Would the member(s) who gave such an advice without thought bail him out then?
Another aspect--which one member pointed-out--is that the very fact that 'he was asked to look for another job' denotes that this is NOT a clear case of termination & more so DEFINITELY NOT an unilateral termination. Hemant made the 'assumption', I presume by the lack of legal knowledge, that he is being terminated.
The third aspect is that he has NOT BEEN GIVEN anything in-writing--a simple reason for this could be to allow him to resign when he gets another job, thereby 'HELPING' him to keep his career track record 'clean & straight'.
Pl note that this is NOT to suggest, even by assumption, that I am supporting the Director/Company. All I think every member ought to keep in mind & view is to HAVE THE FULL FACTS of the case BEFORE giving advice/suggestion(s)--to enable the members posting their problems/issues to take a "WELL-INFORMED DECISION". If some details are missing in the posting, I think they should be ASKED-FOR.
Coming to Hemant's problem, I think he needs to mention the reasons given for the Director's stand. If he hasn't asked, then he ought to--since, who knows, this MAY pertain to some basic issue/attribute with him which he would be able to correct. If not, then there's a danger that he could carry such traits along with him to his future jobs--and in the process come to the conclusion [obviously erroneous] that ALL Directors are bad....to say the least....and maybe continue making the same mistakes all thru his career, for the simple reason that no one pointed it out to enable him to correct.
I think this is what CiteHR is really meant for--focusing not on just the present but also the future of the members asking for advice.
If that's been a bit-heavy, it wasn't meant to.
Rgds,
TS
From India, Hyderabad
I am not sure this response will be liked--the best-case-scenario & the Worst-case-scenario being inviting brickbats from the members.
Frankly, Hemant seems to be under the impression that going legal is a solution for all & any such issue--WITHOUT so much as an exploration of OTHER avenues to resolve the matter--a sort of 'panacea' for all evils.
However, what's more surprising is the responses of some members who sort-of 'goad' him into this direction WITHOUT any details of the situation.
For one, Hemant hasn't mentioned the reasons for his being asked to 'look for another job'. NOT ONE member has asked for this input BEFORE recommending to go legal. Isn't this a part of the general 'responsibility' of guiding/advising someone? What if Hemant just went by the advice given to go legal with crucial facts missing & he, possibly, lands into a deeper mess? Would the member(s) who gave such an advice without thought bail him out then?
Another aspect--which one member pointed-out--is that the very fact that 'he was asked to look for another job' denotes that this is NOT a clear case of termination & more so DEFINITELY NOT an unilateral termination. Hemant made the 'assumption', I presume by the lack of legal knowledge, that he is being terminated.
The third aspect is that he has NOT BEEN GIVEN anything in-writing--a simple reason for this could be to allow him to resign when he gets another job, thereby 'HELPING' him to keep his career track record 'clean & straight'.
Pl note that this is NOT to suggest, even by assumption, that I am supporting the Director/Company. All I think every member ought to keep in mind & view is to HAVE THE FULL FACTS of the case BEFORE giving advice/suggestion(s)--to enable the members posting their problems/issues to take a "WELL-INFORMED DECISION". If some details are missing in the posting, I think they should be ASKED-FOR.
Coming to Hemant's problem, I think he needs to mention the reasons given for the Director's stand. If he hasn't asked, then he ought to--since, who knows, this MAY pertain to some basic issue/attribute with him which he would be able to correct. If not, then there's a danger that he could carry such traits along with him to his future jobs--and in the process come to the conclusion [obviously erroneous] that ALL Directors are bad....to say the least....and maybe continue making the same mistakes all thru his career, for the simple reason that no one pointed it out to enable him to correct.
I think this is what CiteHR is really meant for--focusing not on just the present but also the future of the members asking for advice.
If that's been a bit-heavy, it wasn't meant to.
Rgds,
TS
From India, Hyderabad
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