As stated in the joining kit, the company retains the right to terminate employment during the probationary period without notice for reasons related to non-performance, misconduct, or indiscipline. what should we do if after that employee asks for 14 days' salary as compensation as we terminated him from the company without notice?
From India, Bengaluru
From India, Bengaluru
If you have terminated the employee on the ground of any misconduct or non performance and the same is mentioned in the termination letter as reason for termination, then that termination can be challenged because that is a stigmatic termination. Before initiating such an action, the employee concerned should have been given an opportunity to be heard. It is oaky that during probation you can terminate an employee without notice and without assigning any reason therefor. But if you give a reason for termination, then he should be given an opportunity, otherwise, the termination would become stigmatic which is not accepted.
An employee who has not even completed 240 days of working over a period of 12 months cannot demand any compensation. Therefore, his claim of 14 days (normally it is 15 days salary) salary as compensation is not maintainable also. Therefore, you can ask him under what ground he is asking for 14 days' salary as compensation.
From India, Kannur
4250An employee who has not even completed 240 days of working over a period of 12 months cannot demand any compensation. Therefore, his claim of 14 days (normally it is 15 days salary) salary as compensation is not maintainable also. Therefore, you can ask him under what ground he is asking for 14 days' salary as compensation.
From India, Kannur
Could you please review the clause regarding the notice period for employees under the terms of appointment? Specifically, check if your company has a provision stating that any employee serving their probation must submit a resignation with a required notice period, such as 14 days. If such a clause exists, you are required to inform the employee at least 14 days (or the stipulated period) in advance before requesting their resignation or asking them to leave the organization.
Additionally, it is recommended to avoid terminating the employee’s service abruptly. Instead, request their resignation and, in cases where they were not informed in advance, compensate them with 14 days' pay.
From India, Delhi
Additionally, it is recommended to avoid terminating the employee’s service abruptly. Instead, request their resignation and, in cases where they were not informed in advance, compensate them with 14 days' pay.
From India, Delhi
Dear friend,
There may be a 'clause' in your apptt.order issued to the terminated employee saying '...can be terminated without notice'. But there is a fundamental right to an employee which calls for certain procedure to be adhered to before such an action. Even an under-performing employee who is on probation period (no mention how many months of probation and how many months he served) required to be issued an advisory, an opportunity for him to improve his performance for a specific period say a month or two. Don't know any formal training, hands-on was required to undergo ? And still there is an option to extend his probation period beyond the originally stipulated PP. Without following these precautionary measures abruptly terminating him is not fair. And the concerned likely may not even know for what he's being terminated, if & when he's kept in dark. It's Possible he's under the impression he has done well so far within his knowledge & experience. What if you demanded/expected much more than what for he was recruited ? possible. I feel a properly structured admin should follow certain measures, 'fair labour practices' before resorting to capital punishment. Of course generally a compensation is computed @ 15 days of salary for every year of service rendered. If he has not completed one year it becomes difficult. By all means he might have completed one year, though under probation, if so he deserves 15 days salary and a formal notice. Some establishments follow a 'no harm' attitude by simply asking him to resign and hence he may be relieved without a 'remark'. These are my thoughts if he's not being terminated as a result of 'misconduct' if any. That's different.
From India, Bangalore
There may be a 'clause' in your apptt.order issued to the terminated employee saying '...can be terminated without notice'. But there is a fundamental right to an employee which calls for certain procedure to be adhered to before such an action. Even an under-performing employee who is on probation period (no mention how many months of probation and how many months he served) required to be issued an advisory, an opportunity for him to improve his performance for a specific period say a month or two. Don't know any formal training, hands-on was required to undergo ? And still there is an option to extend his probation period beyond the originally stipulated PP. Without following these precautionary measures abruptly terminating him is not fair. And the concerned likely may not even know for what he's being terminated, if & when he's kept in dark. It's Possible he's under the impression he has done well so far within his knowledge & experience. What if you demanded/expected much more than what for he was recruited ? possible. I feel a properly structured admin should follow certain measures, 'fair labour practices' before resorting to capital punishment. Of course generally a compensation is computed @ 15 days of salary for every year of service rendered. If he has not completed one year it becomes difficult. By all means he might have completed one year, though under probation, if so he deserves 15 days salary and a formal notice. Some establishments follow a 'no harm' attitude by simply asking him to resign and hence he may be relieved without a 'remark'. These are my thoughts if he's not being terminated as a result of 'misconduct' if any. That's different.
From India, Bangalore
Hi,
During the period of Probation, the Management can terminate the services of a probationer at any time without assigning any reason or without giving any notice provided that clause is available in the appointment letter. However, if you terminate a probationer for any act of misconduct, then, it is strongly advisesable to hold an enquiry as per the certified standing orders or the model standing orders as the case may be since there is a stigma attached to that action. If a probationer is relieved on completion of the probation period, then absolutely there is no issue and it will not be construed as a retrenchment or termination. To conclude, services of a probationer can be terminated at any time by invoking appropriate clause in the appointment letter and there is no need to pay any compensation or salary for that as mentioned.
From India, Chennai
During the period of Probation, the Management can terminate the services of a probationer at any time without assigning any reason or without giving any notice provided that clause is available in the appointment letter. However, if you terminate a probationer for any act of misconduct, then, it is strongly advisesable to hold an enquiry as per the certified standing orders or the model standing orders as the case may be since there is a stigma attached to that action. If a probationer is relieved on completion of the probation period, then absolutely there is no issue and it will not be construed as a retrenchment or termination. To conclude, services of a probationer can be terminated at any time by invoking appropriate clause in the appointment letter and there is no need to pay any compensation or salary for that as mentioned.
From India, Chennai
As am from real-estate industry, so here is a sales job completely based on sales and revenue target.
that employee didn't achieved any sale and his joining on target bases however we paid him Rs 50,000/- as salary in September month this month he was not performing as well so we terminate him.
After getting the termination mail on the basis of non performance and indiscipline ( not following the reporting policy of the company) he is asking for 14days compensation and October month salary.
Ans harassing me by doing posting on my LinkedIn and insta account for F&F.
From India, Bengaluru
that employee didn't achieved any sale and his joining on target bases however we paid him Rs 50,000/- as salary in September month this month he was not performing as well so we terminate him.
After getting the termination mail on the basis of non performance and indiscipline ( not following the reporting policy of the company) he is asking for 14days compensation and October month salary.
Ans harassing me by doing posting on my LinkedIn and insta account for F&F.
From India, Bengaluru
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
EMPLOYEES' COMPENSATION ACT - IMP- PROVISIONS IN TELUGU VERSION.pdf
Employees' Compensation Act 1923.doc