Hello Everyone,
I need you advice regarding termination of an employee on Probation period.
As per our company policy we have 6 months probation period. I want to terminate one of the employee who completed 4 months of probation and is not performing up to mark even after multiple reviews.
Can the employee be terminated with a month's clause or week's clause, or should I wait till his probation completion period for him to be terminated?
Kindly advice.
Regards,
L. Nair
From India, Ahmedabad
I need you advice regarding termination of an employee on Probation period.
As per our company policy we have 6 months probation period. I want to terminate one of the employee who completed 4 months of probation and is not performing up to mark even after multiple reviews.
Can the employee be terminated with a month's clause or week's clause, or should I wait till his probation completion period for him to be terminated?
Kindly advice.
Regards,
L. Nair
From India, Ahmedabad
An employee on probation should be intimated whenever his performance is not upto mark and given opportunity for improvement.
This needs proper documentation.
Once the employee shows no improvement or insufficient improvement he can be terminated as conditions laid down in appointment order.
There is no need to wait for probation period to end.
From India, Pune
3131This needs proper documentation.
Once the employee shows no improvement or insufficient improvement he can be terminated as conditions laid down in appointment order.
There is no need to wait for probation period to end.
From India, Pune
In Ravindrakumar Misra vs UP State Handloom 1987 , Supreme Court held that " assessment of service has got to e in writing"
In Dr Mrs Sumati Shere Vs Union of India 1989, SC held that " timely communication of the assessment of work in such cases may put the employee on the right track"
These Judgments are providing certain guidelines. If an employees on the last day of paobation given a letter of termination, then he has a remedy. Similarly, an employee on probation should be given the complete period specified in the contract. Termination in between may be viewed as not providing an opportunity to perform.
There is no judgment to say that a probationer should not be terminated during the period of probation.But one must ensure that his assessment is transparent and he has been given time to correct his performance.
sivasankaran
From India, Chennai
In Dr Mrs Sumati Shere Vs Union of India 1989, SC held that " timely communication of the assessment of work in such cases may put the employee on the right track"
These Judgments are providing certain guidelines. If an employees on the last day of paobation given a letter of termination, then he has a remedy. Similarly, an employee on probation should be given the complete period specified in the contract. Termination in between may be viewed as not providing an opportunity to perform.
There is no judgment to say that a probationer should not be terminated during the period of probation.But one must ensure that his assessment is transparent and he has been given time to correct his performance.
sivasankaran
From India, Chennai
It is advisable to have a feed back and performance improvement counselling in place to afford full opportunity to the employee to improve his performance during the period of probation so that the termination for unsatisfactory performance during probation is a bona fide exercise of the power under the relevant rules.
B.Saikumar
From India, Mumbai
B.Saikumar
From India, Mumbai
Probation is a testifying period for both employer and employee. Job has been assigned to an probationer on the basis of his/her input at the time of placement and also based on the experience acquired by probationer in the past if applicable.
Fact is prior to assessing performance a common understanding in the form of job profile is to be provided to probationer in writing. Key areas of performance and criteria of assessment need to be clarified in the beginning and also during monitoring.
Based on the above even if the probationer is not performing and has already been communicated for the same. Management is free to take action as per terms of employment.
Please check terms of employment and proceed as per the same.
Regards
From India, Chandigarh
Fact is prior to assessing performance a common understanding in the form of job profile is to be provided to probationer in writing. Key areas of performance and criteria of assessment need to be clarified in the beginning and also during monitoring.
Based on the above even if the probationer is not performing and has already been communicated for the same. Management is free to take action as per terms of employment.
Please check terms of employment and proceed as per the same.
Regards
From India, Chandigarh
Thank You all for your valuable suggestions. Feedback and performance review is already shared with the employee so what should be next step taken ? Should I issue a "termination" letter or a "completion of probation period" certificate at the time of relieving.
From India, Ahmedabad
From India, Ahmedabad
Before posting your query, have you referred the termination clause during probation period, as per the offer or appointment order, which you have not reproduced here for the members to form any definite opinion?
However, if that clause permits you to terminate him before completeion of the termination period, you may do so, otherwise act according to the prescribed termination clause. But, if still have any doubt after going through the termination clause and want the opinion of the members, better reproduce the clause for reference by the members to express their opinion.
From India, Delhi
However, if that clause permits you to terminate him before completeion of the termination period, you may do so, otherwise act according to the prescribed termination clause. But, if still have any doubt after going through the termination clause and want the opinion of the members, better reproduce the clause for reference by the members to express their opinion.
From India, Delhi
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