Dear All, please guide me can we terminate an employee without notice period in case of Probation ????
From India, Mumbai
From India, Mumbai
49
Sorry Mam,
Yes I have recently took this profile of HR Executive
This is why am asking, I am very new to this field & has no experience of the same.
Further to the brief to this question "can we terminate an employee without notice period in case of Probation ????"
Today my boss has terminated one employee who has joined on 1st of Feb 2011 as Service Engineer & was on training cum probation period & the reason to terminate him was feedback from his senior was not good, in this whole month he has not added any knowledge to his profile for the training given to him by his seniors on field.
I tried to speak to him last week regarding the same & he told that seniors are giving wrong feedback & he has learnt everything now he should be sent to field (customer End) alone to resolve the issues.
Tried to do the same but the site was totally messed by him & customer called back shouting "don't ever send this person"
Even after that incident he was today also saying the same thing I have learnt everything & seniors are giving wrong feedback
Here I would like to clarify this seniors are there in the organization from years & they have trained many more juniors of theirs.
So My director took a call & asked for his resignation but the candidate was asking for notice period & we did not agreed saying you are on probation period & there we are not breaking any policies by not giving any notice period.
Here my concern was though the reason to terminate candidate was correct should we would have given him notice period ????
Please guide on the same
Thanks,
Regard,
Chaitali Purohit
From India, Mumbai
Yes I have recently took this profile of HR Executive
This is why am asking, I am very new to this field & has no experience of the same.
Further to the brief to this question "can we terminate an employee without notice period in case of Probation ????"
Today my boss has terminated one employee who has joined on 1st of Feb 2011 as Service Engineer & was on training cum probation period & the reason to terminate him was feedback from his senior was not good, in this whole month he has not added any knowledge to his profile for the training given to him by his seniors on field.
I tried to speak to him last week regarding the same & he told that seniors are giving wrong feedback & he has learnt everything now he should be sent to field (customer End) alone to resolve the issues.
Tried to do the same but the site was totally messed by him & customer called back shouting "don't ever send this person"
Even after that incident he was today also saying the same thing I have learnt everything & seniors are giving wrong feedback
Here I would like to clarify this seniors are there in the organization from years & they have trained many more juniors of theirs.
So My director took a call & asked for his resignation but the candidate was asking for notice period & we did not agreed saying you are on probation period & there we are not breaking any policies by not giving any notice period.
Here my concern was though the reason to terminate candidate was correct should we would have given him notice period ????
Please guide on the same
Thanks,
Regard,
Chaitali Purohit
From India, Mumbai
Dear Chaitali...
You have to check in his appointment letter what are the clauses mentioned there, if you have this clause that during probation the notice is given by the employer or employee, then you should.
Other than that, if the clause is mentioned about non performance and therefore resulting in termination, than you can terminate the employee on the basis of feedback from his seniors and the customer.
Now, as in this case,even if He thinks that seniors are giving wrong feedback, i don't think any customer will do the same...as you have narrated this incidence here that the customer was shouting and asked not to ever send him back.
So just go through the letter first and then we can discuss it once you come back with your views.
Regards,
Archna
From India, Delhi
You have to check in his appointment letter what are the clauses mentioned there, if you have this clause that during probation the notice is given by the employer or employee, then you should.
Other than that, if the clause is mentioned about non performance and therefore resulting in termination, than you can terminate the employee on the basis of feedback from his seniors and the customer.
Now, as in this case,even if He thinks that seniors are giving wrong feedback, i don't think any customer will do the same...as you have narrated this incidence here that the customer was shouting and asked not to ever send him back.
So just go through the letter first and then we can discuss it once you come back with your views.
Regards,
Archna
From India, Delhi
Dear Archana,
Thanks for your reply.
There nothing has been narrated about the termination, we had mentioned that employee should give 1 month's notice period but we have not mentioned anything about termination or forced resignation.
Regards,
Chaitali Purohit
From India, Mumbai
Thanks for your reply.
There nothing has been narrated about the termination, we had mentioned that employee should give 1 month's notice period but we have not mentioned anything about termination or forced resignation.
Regards,
Chaitali Purohit
From India, Mumbai
Forced resignation is actually used to save from terminations getting terminated is a blot in the career.
Generally during probation the notice period is less, and its totally your call to relieve him in a days time once he submits the resignation.
Tell him that it is actually good for him that you are not terminating him so he should resign and look for opportunity elsewhere.
If he stays in the organisation , the chances are he will bad mouth and create a negative aura all around.
Regards,
Archna
From India, Delhi
Generally during probation the notice period is less, and its totally your call to relieve him in a days time once he submits the resignation.
Tell him that it is actually good for him that you are not terminating him so he should resign and look for opportunity elsewhere.
If he stays in the organisation , the chances are he will bad mouth and create a negative aura all around.
Regards,
Archna
From India, Delhi
probation period is just like a training period and there have no notice period. if in offer letter or appointment letter they are mentioning notice period,you and employer have to follow.
as per you statement there have no such type of naration in appointment letter, so in the single day employee or employer can resign/terminate jobs.
it would be better if you resign form job because you can get experience letter and will be positive impact on your carrier rather than termination.
you can also prefer you standing order of your organization.
Best Regards,
Lakhan Trivedi
Sr. HR Manager.
From India, Khopoli
as per you statement there have no such type of naration in appointment letter, so in the single day employee or employer can resign/terminate jobs.
it would be better if you resign form job because you can get experience letter and will be positive impact on your carrier rather than termination.
you can also prefer you standing order of your organization.
Best Regards,
Lakhan Trivedi
Sr. HR Manager.
From India, Khopoli
Hi!!
Just when through the discussion. Just wanted to confirm...even though its a termination they still need to pay the employee the notice pay right??
would appreciate your views on the same.
Thanks
From India, Mumbai
Just when through the discussion. Just wanted to confirm...even though its a termination they still need to pay the employee the notice pay right??
would appreciate your views on the same.
Thanks
From India, Mumbai
Dear Friends,
Most of the friends are interpreted one way correct, but some courts are saying that even in the probation period also notice should be served before terminating the candidate. "PROBATION PERIOD" is not just leave it, the period is saying in between the candidate and the management understanding the environments of the job responsibilities. Until and unless the candidate is perfectly suitable for the requirement of the job either side may issue one month notice is genuine. Any how please see the attachment article may clarify your doubts, please go through.
Regards,
PBS KUMAR
From India, Kakinada
Most of the friends are interpreted one way correct, but some courts are saying that even in the probation period also notice should be served before terminating the candidate. "PROBATION PERIOD" is not just leave it, the period is saying in between the candidate and the management understanding the environments of the job responsibilities. Until and unless the candidate is perfectly suitable for the requirement of the job either side may issue one month notice is genuine. Any how please see the attachment article may clarify your doubts, please go through.
Regards,
PBS KUMAR
From India, Kakinada
Its more of moral ethics than just norms, if your company has affordability, then you have moral responsibility of giving notice, if word spreads out saying that this particular company terminates without giving notice, then people tend to stay away from your organization and eventually you will face problems during recruitment.
Regards
Siva Prasad
Sr. HR Manager
From India, Hyderabad
Regards
Siva Prasad
Sr. HR Manager
From India, Hyderabad
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