Anupama Saini Started The Discussion:
Dear all, Can someone help me with the termination process during probation.Does probation period termination requires warning?
I am Sailaja.
The process generally followed for any terminations is to first issue a memo / warning and then to proceed ahead for the issuing letter of termination. But this is applicable for the employees working on permanent i.e. not on Probation.
Coming to the probation query of terminations, If the clause is mentioned in your appoinment letter that his / her services is not upto the satisfaction of the organization, then any action would be taken. Then, you can directly proceed for the termination by giving appropriate reasons of doing the act.
Thank you that input.I was waiting desperately for some response as i have to take an action today only.Well i had the same vague idea in mind but you have cleared that all.Well can you elaborate more on the process followed on a permanent employees like how many warning and the duration of these warnings etc.Is it always good to ask an employee to resing then terminating them.How can this effect employee in his future.
The termination process is related to the terms of probation/appointment. You have to go through this carefully. Some organisations employ the same methods for terminating a probationer as a regular employee. If you observe the norms you need not bother about subsequent legal complications.
Even if you are free to sack a probationer just like that, in the interests of natural justice it would be better if a memo is served on the person , his reply to the same solicited, and then do as you wish.
After all, in HR, these processes do make a hell of a difference.
Termination for a person on probation period can be done on an immediate bases if his performance is not upto the mark.. My view is some what different; issue a letter of warning to that person stating that your performance is not found upto the mark by the management hence if any complain recived from our department regarding your performance will lead to terminating you from service... Hope this is helpful to you..
Termination can be done on a permanent staff after due process that is the employee must have been given 2written query and a last warning letter.
For an employee on probation, if the letter of appointment states that after certain period given if performance is unsatisfactory then the organisation can terminate an appointment stating due to poor performance.
Termination of a probationer can be done on various grounds. Generally, it is easier to terminate a probationer than a permanent employee. If the employee is categorised as a 'Workman' it is advisable to follow an established, legally correct process to avoid litigations or reinstatement.
The probationer you have mentioned is not known to be of a workman or a non-workman category and therefore, advice would be general. Remember, any employee can take to legal recourse and win a case for reinstatement in the Company with back-wages/salary and penal consequences on the Company. Or alternately, an illegal termination, if challenged in Courts/Conciliation/Adjudication, may drag on even for years on end.
Presuming that the termination is due to unsatisfactory performance or non-performance of duties, follow issuing warning letters (say 2-3) at regular spaced intervals. The intent by 'Principles of Natural Justice' is to give him/her adequate time to improve performance, post-warning. Mind the language used in the warning letters. They should not connote any bias or malafide intentions of the management conveying improper removal from service. Follow regular counselling by his/her supervisor or Head of Department.
In case of continued 'below-par' performance, issue him/her a letter of termination giving reference to earlier warning letters (with their dates) and mention that adequate time was given to improve performance. Do settle his full and final dues in 2 working days (as is statutorily required, in relevant cases). Remember to issue him/her the letter in the presence of 1-2 witnesses, lest he/she refuses to accept the letter.
Do not that some of the past Court rulings have given judgements in favour of employees who have not completed full term of probation period. The Courts have taken the premises that full probation period (say of six months) must elapse as adequate time to show performance. Therefore, it is best to allow the full period of probation period to lapse, prior to immediate termination. It is however, possible to terminate before the full probation period also, though legally not perfect.
For permanent employees, generally follow a longer period of assessment. Do consider his past performance and the Company's commitment to him like past increments/assessments/conduct, etc. so that the termination does not in any way contradict his past good services.
Generally, there is no hard and fast rule to guide time given
Hope this helps.
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