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Employment Termination
Human Resources » Industrial Law & Discipline

Chrm Message From: prabhakar rao Total Posts: 35 Join Date: 01/11/2009
Rank: Executive Post Date: 01/11/2009 15:20:03 Points: 175 Location: India

Dear All,

Please guide me.

We have appointed one employee as a Trainee Engineer from Sep 2008 for six month.

After completing his six month we have extended his training period for another six month because his performance was not satisfactory. But we had not given any letter to him regarding extention of his training period.

After another six month his performance is not seeing improving, we have decided to terminate his employment. we had given the letter to him and deposited his amount of F & F in his bank. He has not accepted the letter and requesting us to take him back for work.

We had sent Registered A.D. to his home. But he has refuse to take at home also.

After one month he gone to Labour Office. After four hearings we had convey our message to Government labour officer about.

Now that employee sent us one letter to company for requesting to rejoin him in the orgainisation. and also marked the same to Government Labour Officer.

Please guide in this matter. What we should now?

Chrm Message From: ram mohan jaitley Total Posts: 12 Join Date: 01/11/2009  
Rank: Executive Post Date: 01/11/2009 15:21:17 Points: 60 Location: India

You have not issued him confirmation letter, If so than let him go to labour officer they can only do concilliation they cannot pass any order in favour or against any party, if any trade union is not involved than u try to convince the employee to accept the full & final settlement if he does not agree than u also get on to your job let him move around the offices of LI/LO/ALC. From your side u have sent his full and final and intimation by registered AD your job is over.


Chrm Message From: hr@work Total Posts: 16 Join Date: 01/11/2009  
Rank: Executive Post Date: 01/11/2009 15:22:09 Points: 80 Location: India

No leniency has to be shown on your part and let the Labour court decide the case.

Chrm Message From: savi989 Total Posts: 70 Join Date: 01/11/2009  
Rank: Manager Post Date: 03/11/2009 06:27:41 Points: 350 Location: India


In case your Terms & Conditions specifies about confirmation clasue you are safe as no Confirmation Letter was issued to him. Also Labor Det can not issue any judgement on this case, they could only audit your documents.

Be sure your documentation is complete. Also it is choice of the organisation to hire/rehire any individual they can not force his rehiring.


Chrm Message From: DUSTUGUGUL Total Posts: 3 Join Date: 01/11/2009  
Rank: Beginner Post Date: 04/11/2009 16:25:05 Points: 15 Location: India

Dear Ram Mohan,

Please go by the terms and conditions of  the training offer letter issued on the trainee.If it is mentioned in the training offer letter that in case of unsatisfactory performance during training period the same can be terminated forthwith without ging any prior notice you have a right to terminate the services of the trainer nad he cannot take any legal recourse.All depends on the contents of the offer of training letter.If you can post the text of the offer of training letter given to the trainee I can give you more accurate reply after studying it.

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