Community » HR Forums » Human Resources » Industrial Law & Discipline» Termination on Probation - Valid ?
Termination on Probation - Valid ?

Last post May 20, 2008 04:35 AM by jitendramahato. 1 repiles.

May 20, 2008 04:27 AM 1
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Termination on Probation - Valid ?

Hello All

This is to have your comments on the Topic ,mentioned in the Subject line of this mail .
Is Termination valid on Probation Period , if not mentioned in the appointment Letter .

Your comments are anticipated.

Regards
Vijayraj

May 20, 2008 04:292
Dr.Jha
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Re: Termination on Probation - Valid ?

I think you are attempting to add more into this, than necessary. The mere fact is in the root meaning (my definition) of the word "terminate", as in change, or more correctly - change of status. As in: someone is let go for any reason, or leaves on their own, they Terminated their position - they changed their status. If someone quit, they terminated their position -- is does not infer they were fired or let go for cause.

Are you attempting to think you have to have a reason to let someone go, when they are in a probation status? You do not reason, if they have be informed from the beginning, their relationship with the company and their position can end before the probation period is up.

However, it is always a good thing to have a written reason in the file in case the person wants to play games. So armed with the sign acknowledgement they knew from the get go they could be gone before the probation period is up, and you written reason, you would be on good grounds.

Dr. Jha

May 20, 2008 04:313
abhijeet_rawat
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Re: Termination on Probation - Valid ?

If you do not have probation clause in Appointment Letter, technically the appointment means a permanent appointment (confirmed appointment). Termination, therefore, would not be valid in that case on that ground.

However, it would be discharge simplicitor or termination on grounds of dissatisfactory service by itself which is employer's right in any way. However, reasons have to stand legal test.

Hope this helps.

May 20, 2008 04:354
jitendramahato
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Re: Termination on Probation - Valid ?

Dear vijay,

It is supreme court's judgement that " termination during probation is valid" .

Your option to amend a clause in Appointment letter by issuing a "office order" is always open-

what is ur openion?

Jitendra