An Indian employee fired just 2 days into job shares viral Reddit post, sparking debate on probation period termination. Know your rights, legal remedies, and employee protections in India.
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NEW DELHI: A Reddit post by an Indian professional has gone viral after they revealed being laid off just two days into a new job, leaving them shocked and distressed.
The user, who shared their experience on the r/delhi subreddit, titled the post “Laid off in just 2 days after joining.” He disclosed that after working as a financial analyst in a small Gurgaon-based company for two years, he switched to a food-based D2C startup in Saket in July for a junior FP&A (Financial Planning and Analysis) role.
However, their new stint ended abruptly.
“Manager told me that now they are looking for managerial role who can take more responsibilities and accordingly laid off me. I just accepted the fate and left the office,”
the Redditor wrote.
The employee added that the sudden job loss and lack of opportunities were taking a “serious toll” on both their mental and physical health. Since their previous company had already hired a replacement, going back was not an option.
Seeking support, the Redditor asked fellow users for guidance:
“If possible, can anyone help me to navigate this or provide any valuable insights.”
The post quickly gained traction, with many sympathizing and offering advice. Several users urged the employee to take legal action, noting that terminating an employee so quickly without severance could have consequences.
“Name and shame them. They can’t lay off someone instantly without severance pay,”
one user commented.
Another added,
“There has to be some legal consequences for this? Are there not? I think you should consult a lawyer.”
Others encouraged resilience and perseverance, sharing their own experiences of layoffs and recovery. One user recalled being laid off from Capgemini two years ago but later securing a better-paying job, urging the original poster to stay hopeful.
Another advised,
“Keep applying and if you failed in any interview, then do not feel bad. You never know how others are trying.”
Despite the calls for legal action, the Redditor indicated they did not intend to pursue it, citing the modest package and a desire to focus on finding new opportunities instead.
The viral case of an Indian professional being fired just two days after joining a company has triggered concerns over termination during probation. While probationary employment is common, its legal treatment is often misunderstood. Here’s what Indian law, case precedents, and labour regulations say about probation and termination.
Probationary Employment in India
The probation period is a trial phase, usually 3 to 6 months, where an employer evaluates an employee’s skills, performance, and suitability for the role. During this time, employees may have limited benefits such as restricted leave or different salary structures.
- Companies often insert clauses in appointment letters allowing termination without notice during probation.
- However, such provisions must comply with:
- The terms of the employment contract, and
- The Industrial Employment (Standing Orders) Act, 1946, regulates service conditions for certain categories of workers in industrial establishments.
Purpose of Probation:
- For Employers: To assess performance, cultural fit, training needs, and minimize hiring risks.
- For Employees: To understand job expectations, adapt to company culture, and decide if the role suits them.
Importance of Probation:
Probation ensures mutual evaluation:
- Employers get flexibility to end contracts if expectations aren’t met.
- Employees get a chance to prove themselves and assess if the job is a good fit.
Rights of Employees During Probation
Legal Risks:
If not clearly defined, probation may create confusion about employment rights. Employers must ensure documents state that probation does not alter at-will employment (where applicable) and termination can occur at any time.
Employee Rights During Probation:
- Same statutory rights as other employees.
- Entitled to minimum wage, payslips, paid leave accrual, maximum working hours, rest breaks, maternity leave, and time off for ante-natal care.
- Contractual Limitations: Employers may restrict certain contractual benefits (like bonuses or extended leave) until probation is cleared.
- Termination During Probation: Employees can be dismissed if they fail probation, but must receive statutory or contractual notice (or payment in lieu, if allowed).
- Dismissal must not be wrongful or in violation of statutory protections.
Even as probationers, employees enjoy certain protections:
- If the appointment letter specifies a notice period, it must be honoured. Termination without following contract terms may amount to breach of contract.
- Arbitrary or mala fide termination can be challenged under labour laws or via civil remedies.
In Bihar State Road Transport Corporation v. State of Bihar (2003) 4 SCC 693, courts held that contractual terms must be respected during probation.
Employer’s Perspective
Employers argue that probation provides flexibility to assess competence and cultural fit. Indian law does give wider discretion to terminate probationers, but such discretion is not absolute and cannot be used in bad faith.
Legal Remedies for Probationary Employees
If an employee feels unfairly terminated during probation, remedies depend on their classification:
- Labour Commissioner – for conciliation proceedings.
- Labour Court/Industrial Tribunal – if the employee qualifies as a “workman” under the Industrial Disputes Act, 1947.
- Industrial Disputes Act, 1947
- Civil Courts – for breach of contract claims (if not classified as a workman).
Possible outcomes:
- Reinstatement (rare in the private sector),
- Compensation, or
- Damages for breach of contract.
Judicial Precedents
Courts have clarified the scope of terminating probationers:
- State of Punjab v. Sukhraj Bahadur (1968) 3 SCR 234 – Supreme Court held that termination of a probationer must not be arbitrary or mala fide.
- Dipti Prakash Banerjee v. Satyendra Nath Bose National Centre for Basic Sciences (1999) 3 SCC 60 – termination during probation is valid if based on performance, but not if motivated by bad faith.
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