Query Against Terminating An Employee For His Misconduct During Probation Period.

anuj bhatia
Thank you for the response, sir. I want to know how I can send a notice to them or claim harassment. Do I have to hire a lawyer for that, or can I lodge a complaint online against them?
rasikbhaikannan
Dear Swetha,

Once you call it misconduct, you have to give an opportunity to the person to explain his/her stand. There cannot be a one-sided decision on misconduct under the law, whether the person is on probation or not. This is the law as per the ID Act 1947. No state law can dilute this. You may try for a mutual settlement by asking the person to resign.

Kannan
Eswara Prasad
Dear Swetha,

Before terminating the employee, you should ask him for resignation. If he has not submitted his resignation, then you have to terminate him in a polite manner. The company has to pay three months of basic/gross salary as per company norms.

Regards,
Eswar-HR
9492604606

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