During probation period one employee has raised the complaints to company CEO(staying abroad) about manager who was asking the employee to do the irrelevant and extra work which was out of profile(and JD) never discussed during the interview with an ordering manner and unprofessional way. The CEO was convinced and supported the emp. and assured to take action and resolve it. But when the manager came to know that the emp has raised the complaints against him.
He called the emp. Started shouting as why the complainant has been raised to his boss? Immediately he asked the employer to resign if he/she is not happy with work. When the emp. Denied for resignation he warned to terminate. And he did on the same day stating due to non-performance we are terminating you and today is your last working day. Though the emp had worked hard during probation period, there was no warning/PIP letter till date or any email on non- performance......
1. Can the employer do this with employee?
2. Shall the employee take any action on employer for spoiling the career giving bad remarks just because he got some ego problem?
Its already done 3mnths back and the employee has left the org the same day they terminated, the emp has not taken any action till date and struggling for job because of them. What can be done now. Termination word is very common for them they keep doing for any employee by giving non-performer or absconding issue. They take out all work during probation period and kick out the innocent employees. But this case is different only because he got the complaints.
Shall the employee leave this matter or take some action against the manager and employer?
I understand company has a clause for terminating an employee during probation period and after confirmation also if the employee found against code of conduct, any suspicious behaviour, misusing the confidential info of company etc……
But there shall be a valid reason or proof for termination. An employer cannot hire and fire any employee whenever they wish. During probation also there shall be some reason to terminate the employee. They cannot play with employees career. Can we take some action??
From India, Bengaluru
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He called the emp. Started shouting as why the complainant has been raised to his boss? Immediately he asked the employer to resign if he/she is not happy with work. When the emp. Denied for resignation he warned to terminate. And he did on the same day stating due to non-performance we are terminating you and today is your last working day. Though the emp had worked hard during probation period, there was no warning/PIP letter till date or any email on non- performance......
1. Can the employer do this with employee?
2. Shall the employee take any action on employer for spoiling the career giving bad remarks just because he got some ego problem?
Its already done 3mnths back and the employee has left the org the same day they terminated, the emp has not taken any action till date and struggling for job because of them. What can be done now. Termination word is very common for them they keep doing for any employee by giving non-performer or absconding issue. They take out all work during probation period and kick out the innocent employees. But this case is different only because he got the complaints.
Shall the employee leave this matter or take some action against the manager and employer?
I understand company has a clause for terminating an employee during probation period and after confirmation also if the employee found against code of conduct, any suspicious behaviour, misusing the confidential info of company etc……
But there shall be a valid reason or proof for termination. An employer cannot hire and fire any employee whenever they wish. During probation also there shall be some reason to terminate the employee. They cannot play with employees career. Can we take some action??
From India, Bengaluru
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The laws of our land apply to anyone and everyone on its soil without any distinction or discrimination. Thus, they govern start-ups and established establishments registered under various laws, chiefly the Industrial Employment (SO) Act or Shops & Establishments Act and Rules alike.
As far as termination or cessation of probation is concerned, the employers as well as the probationer have the privilege or prerogative to inform each other about a decision to end the employment contract during the probationary period, with the proviso that the employer shall not exercise his/her discretion "ARBITRARILY" as implied in your post. The employer is liable to inform the probationer of its intent to terminate the probationary period prematurely, with self-sustaining/supportive materials on record related to unsatisfactory work performance and/or unsatisfactory workplace conduct/behavior, which led to the employer's decision to end the probationary period.
The aggrieved person is free to seek and secure justice against the arbitrary decision of the employer without cause or evidence to substantiate the hard yet arbitrary decision that has been made. For injustice anywhere is a threat to justice everywhere.
Kritarth Team, 23.3.19
From India, Delhi
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206As far as termination or cessation of probation is concerned, the employers as well as the probationer have the privilege or prerogative to inform each other about a decision to end the employment contract during the probationary period, with the proviso that the employer shall not exercise his/her discretion "ARBITRARILY" as implied in your post. The employer is liable to inform the probationer of its intent to terminate the probationary period prematurely, with self-sustaining/supportive materials on record related to unsatisfactory work performance and/or unsatisfactory workplace conduct/behavior, which led to the employer's decision to end the probationary period.
The aggrieved person is free to seek and secure justice against the arbitrary decision of the employer without cause or evidence to substantiate the hard yet arbitrary decision that has been made. For injustice anywhere is a threat to justice everywhere.
Kritarth Team, 23.3.19
From India, Delhi
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Thanks for your reply. I am now so depressed that I'm feeling low and unable to apply for other jobs confidentially. They have not released my experience and relieving letter. I am unable to show my experience to a new company due to those gaps which create a question mark during any interview. During my time there, I never received any intimation of poor performance from anyone. How did they suddenly send a termination email and ask me to leave on the same day? Even though I am hardworking and made many improvements during my probation period by putting in extra effort beyond my regular work hours, I felt very insulted in front of my colleagues. This was all because I spoke up against my boss's attitude, which he used as a reason for poor performance and my termination.
From India, Bengaluru
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From India, Bengaluru
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Hi,
The company has treated you very unfairly, and they will regret it later for losing an asset like you. I am sure you will soon find another job that relates to your skill set and potential. Have you sent reminders via email to the concerned HR to issue you a relieving cum experience letter?
Your efforts and positive mindset will surely help you attain a better job. All the best. Always believe in yourself.
Thanks and Regards,
Akash Sharma
From India, Delhi
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The company has treated you very unfairly, and they will regret it later for losing an asset like you. I am sure you will soon find another job that relates to your skill set and potential. Have you sent reminders via email to the concerned HR to issue you a relieving cum experience letter?
Your efforts and positive mindset will surely help you attain a better job. All the best. Always believe in yourself.
Thanks and Regards,
Akash Sharma
From India, Delhi
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