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

Chrm Message From: vijayraj Total Posts: 41 Join Date: 15/11/2006
Rank: Executive Post Date: 20/05/2008 04:27:16 Points: 205 Location: United States

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.


Chrm Message From: Dr.Jha Total Posts: 26 Join Date: 15/11/2006  
Rank: Executive Post Date: 20/05/2008 04:29:27 Points: 130 Location: United States

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

Chrm Message From: abhijeet_rawat Total Posts: 27 Join Date: 15/11/2006  
Rank: Executive Post Date: 20/05/2008 04:31:24 Points: 135 Location: United States

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.

Chrm Message From: jitendramahato Total Posts: 16 Join Date: 15/11/2006  
Rank: Executive Post Date: 20/05/2008 04:35:29 Points: 80 Location: United States

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?


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