Hi, request clarification if an employee who is still on probationary period since 1 year and no letter of confirmation is given to him from the organisation, please let me know if it is deemed that he is a confirmed employee on company payroll or is still under probation. also please let me know the process of termination for such an employee and if any severance pay(service compensation) needs to be paid to the employee. Please send your advice to [IMG]https://www.citehr.com/misc.php?do=email_dev&email=dmVlbmEucHJsQGdtYWlsLm NvbQ==[/IMG] or PM the same Regards Veena
From India, Hyderabad
1From India, Hyderabad
Under normal circumstances, an employee who has served at least for 240 days in the 12 months preceding the date of termination should be given notice of retrenchment and paid retrenchment compensation as per ID Act. It is immaterial whether he is on probation or not. Regards, Madhu.T.K
From India, Kannur
From India, Kannur
Dear Sir, Can you please send me a Poster’s of Safety Related for display in notice board or Production floor... Regards, Roopa
From India, Bangalore
From India, Bangalore
Dear Veena, Why you have written that if an employee have completed his probation period then he will be on company rolls otherwise he will be still on probation. If any company appoints any of the employees then he is to be on the rolls of the company for the day one he joins the unit. Plz go through the terms & conditions of the appointment letter as in general mgt. also put a term that the employee will not be considered permanent until given in writing. If it is there he is still on probation. If the employee has completed his one year probation & the unit have not terminated his services & if he is covered under the I D Act, 1947, then in that case he can not be terminated in simple manner. You have also not mentioned the reasons for his termination. Why the company wants to terminate him. If you do not have work then follow retrenchment procedure. If the employee is in supervisory & above position then follow the procedure as laid down in the appointment letter. Submitted as requested. Regards, R.N.Khola (Haryana)
From India, Delhi
From India, Delhi
Dear Veena, Do note that a probatoner is an employee who is provisionally employed to fill a vacancy in a permanent post or such extended period of service therein not exceeding one year (read: 240 days for workmen category being construed for claim of permanency) and has not been confirmed in writing. Probation period of any Company are governed by either its : 1. Certified Standing Orders, or, 2. HR Policy applicable on/covering Probationers 3. Terms and conditions of their employment given in their appointment letter. Normally, in most Companies probation is for a period of six months from their date of joining. If an employer does not confirm the services of an employee, it is deemed confirmed under law unless otherwise specified for good reason by the Company, in writing. He/She will be eligible for all the benefits accorded to a confirmed employees in the eyes of the law. Legal justice espouses that he cannot be illegally kept on probation detrimental to his interests, for eternity as an unfair management practice or intent. It is therefore important for the management to either confirm the employee in writing on due date of confirmation or to extend it in writing citing reasons for doing so (say non-performance). It is also safer to terminate the services of a probationer on the date of completion of the probation period on account of non-satisfactory performance citing adequacy of time accorded to perform. If terminated after one year, he needs to be retrenched on adequate grounds and paid off retrenchment compensation along with his notice pay. (Seeking permission for retrenchment is another issue, though). Such construed extension of probation without communicating in writing is null and void under law and is an unfair employer practice. The management may consider it prudent to pay off a mutually agreed reasonable severance pay to him to make good his retrenchment compensation, notice pay and due consideration on sustenance for a few months (say 2-3 months) before he gets another job. Rahul 
09968270580
From India, New Delhi
From India, New Delhi
Dear Veena, Please clearify, Employee who you wants to terminate what is his designation. As you are saying he is not yet confirmed, than why you are terminating, such tell him/her to resign and give one month salay in leu off. Take him/her in confidence and tell if you resign than your track record will show you had seperated your own and you will get relieving letter and experience certificate as per the normal procedure and if we terminate you than your carrer track record will disturb, choice is yours. Regards, Rajesh Auchare
From India, Mumbai
From India, Mumbai
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