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Rajesh Singh (Advocate)     16 April 2010

Shifting to other dept. leads to probation period again

If an employee is selected as a permanent employee after the probation period is over  in an MNC company for a specific job but later on he shifts to another dept. due to dispute with the earlier boss , requesting the HR. Will that lead to be on probation period again. What are his right .



Learning

 8 Replies

Manish Singh (Advocate)     16 April 2010

the period shall be of probation or not depends if he signs a new contract. if there was arrangement in the earlier contract for transferring  of departments, then probation period is meant to be over.

Rama mohan Acharya (Manager HR(Legal))     16 April 2010

There will not be probation again unless there is a specific condition in the original appointment contract. Transfer from one job to another will not attract to restart the probation.

Vinod kashyap (Advocate & Legal advisor)     16 April 2010

once probation period is over and confirm his employment as permanent than probation period can't extend. Transfer of employee is sole right of employer but they can not change nature of work as per apointment letter. employee can chalange the change in appointment conditions.  

radha krishna (vp-hr)     16 April 2010

In many companies it is preactise that whenever an employee is transferred from one department to another or role is changed or given an higher role he will be placed under probation. But this probation is different from the probation which an employee undergoes before his services are confirmed.

In this case, his probation will be for the purpose fo observation and to make sure that employee tries to learn and fit into the new job responsibilities. If he is not found suitable, he will go back to his previous position or role and he will not loose his job.

Sarjooram Sharma (Assistant Labour commissioner)     16 April 2010

no, not at all

jagadish paranjape (Advocate)     09 May 2010

The general meaning of probation period is the trial/leaning period,before being made permanent in an organisation.

If the performance during probation is satisfactory,an employee is made permanent.Now if again an emoployee is

transferred to another department,he can be put on probation.However if his perfoemance in transferred department

is unsatisfactory,he can not be terminated, but may be retransferred to earlier department. 

P. Selvam (Manager - HR)     10 May 2010

Not at all possible, unilateral recommendation for department change by then department head is voidable.

pratik (self working)     04 April 2011

Thanks for the information

 

But with due repsected to all the above mentioned jursit

can anybody send the the hole context of the case law (S) in which it has been said that

 

1) (Transfer of employee is sole right of employer )

2)They (theymeans the employer & not the representative appoint by him or POA) can not change nature of work as per apointment letter. employee can chalange the change in appointment conditions.  

This 2 case laws require which states the above if any pls.


thanks.


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