Termination in probation period as non-performer
I joined public co. At 15 Feb 2016 after I month my Branch Manager start my harassment when I verbal Complaint to hr department against RM, BM & ABM they transfer Regional Manager & say you continue your job today on words no one Harass you after few days My BM restart harassment in other way he was started Misguided my clients & ABM also support him. He said I will make you dog, I will kick you & many more I reply to him that sir I am trying to close cases I just need your support he said I have full authority to fire you I will fire you on Monday 1 of my client retain Monday morning in July last after that he started conspiracy 9 August he Shouted me in front of all Branch staff after that I informed to ABM , coordinator to VP & my other immediate boss Area Manager that I am going I can't tolerate more Insult & harassment am say to me now you go to home we will inform you about above till 11 August I am regular contact with hr team dated 24 September they send me we will not require your services anymore due to non performance & said fill your exit formalities I asked do I resign how can you pressurized me for exit formalities they invited me ho & discussed & again offer me under same boss when I Deny hr head said ok we will discuss with concern department & update you 5 October I got again mail & said again we will not require your services anymore & offer me one month salary when I Deny & request him I need back my job with Dignity because I proven you I am not Faulty he again replied me that we are ready to pay you salary till 24 September otherwise we are going to transfer your case to legal department because this is special case we are willing to gives you above amount reply me in24 hours otherwise here onward lead transfer to legal department & we will not pay you the same what should I do how I get back my job with Dignity & payment till now please guide me
Asked in Labour from Patiala, Punjab
Once you are terminated you can challenge your termination and seek reinstatement with all consequential benefits. You can assail the termination in the labour court or civil court depending on the nature of employer. If you are a non-performer the employer will have to prove that you were a non-performer. Consult a lawyer personally to begin the legal process.
if your performance has not been satisfactory during probation period company can terminate your services
1) you were not happy with your immediate boss and you were hounded by him
3) better accept the offer of one month salary and move on in life
4) litigation is long drawn and expensive proposition
If you have received the termination letter which is without any authority or the alegations are absolutely false, you may issue a legal notice to that denying the alegations as well as question their authority to terminate yor services.
The management cannot terminate the services without making a discreet enquiry or giving yo a chance to hear you about your performance.
Any decision taken by the management without considering your plight shall be illegal and void or invalid, you can fight it out legally.
Since this matter has to be legally, after issuing legal notice for reinstating you, it would be better you approach high court with a writ petition for reinstatement.
Received a mail with blow words @24 September
Please visit the branch and complete the full and final formalities. I will make sure that your dues, if any, are cleared as soon as possible. As Puneet is not in the branch anymore, you can see Balinder.
Based on your performance, we will are not requiring your services anymore and your last working day will be as per the biometric punch.
Again Received mail @ 5&7 October which is blow
Dear Navneet, > > This is my last email on this issue. We are willing to pay you till the day I emailed you that we will not be requiring your services anymore. If you agree, contact Navdeep and close the issue. Please let me know by tomorrow or our legal department will be handling this case from here onwards. We are willing to close this issue as a special case; otherwise, as you were on probation, the company is not obliged to pay the notice pay as company can terminate an employee's services any time during probation without any reason. You have signed an agreement that states the same.
My last reply @ 8 October & still waiting for reply
If you ready to pay my all actual Payments till now I don't have any issue to close this matter. I don't have any problem to discuss this with anyone through mail. Because I got it I will not get Justice in wwics. No matter i am with white color.
You discussed about 24 September 2016 mail & you invited me @ 30 September 2016 & said to me that my attendance is 100? & I didn't done misbehave to anyone. I had done 3 clients in 6 months & you know sir you have some employees who were at zero or one in 6 months (in business immigration) till 28 July 2016 as per performance review by Sandeep sir & you offered me again khanna Branch under Puneet sir when I Deny & Discuss with you that Balinder sir (Area Manager) Patiala ready to work with me you said I will discuss with Sandeep sir & inform you.
5 October 2016 you again mailed me that you do not required my Services.
Are you terminated me @ 5 October 2016 asking you because after 24 September Navdeep sir mailed me & invited me HO for brief discussion with you & dated 5 October 2016 again you send me mail that we will not require your services anymore. Still waiting because I didn't get my termination letter with reason & Navdeep sir said you terminated by Ninder sir need to know about my termination. And actual payment made by you & how you calculated please explain in reply. After that I can able to decide & reply your last email dated 7 October 2016 Because you didn't explain all above in your last mail.
Hope you will explain each & every part of payments what you made & how you calculated after your reply in brief I can able to decide & reply your last email dated 7 October 2016.
Asked 7 months ago
It is in your interest to visit branch complete formalities and collect your dues
At last you have done a very good job by properly revolting against the irresponsible attitude of the management.
This reply shall be a base for any legal action that you may propose to initiate agaisnt the management after this in case they do not sound reasonable in their decision.
In fact this message is a legal warning to the management, you may wait for the reply from them and decide about further action after that.
In a private employment the appraisal of performance is always subject to the wisdom of the employer, which the courts do not question. The interference by courts, in the absence of glaring injustice, will be limited to ascertain if the principles of natural justice were followed or not. Take the settlement which they offer and move on to find a better job for yourself. If the dues are not paid in entirety then you are free to sue them.