Termination of Employee on Probation

moksha · #1 (**permalink**) 08-04-2008, 02:59 PM

Hello Everybody.

I need your advise

We have decided to terminate an employee with immediate affect due to behavioural and attitude issues. Our offer letter states that during probationary period, if the employees services if found unsatisfactory he will be terminated by giving two weeks notice or Salary in lieu of notice.
My question to you is can is can i terminate this employee by giving him 2 weeks salary in lieu of notice without any legal consequences. The employee is in his probation period.

Thanks~

cgnanij · #2 (**permalink**) 08-04-2008, 03:37 PM

Madhu.T.K · #3 (**permalink**) 08-04-2008, 05:34 PM

The term 'probation' will not safeguard you when a punishment is given in the form of retrenchment. If an employee had worked for 240 days during the 12 months he is presumed to be an employee having continuous service. In such case, notice followed by termination pay @ 15 days pay for the completed year shall be paid to him. Since the employee had been very irregualr and had been charged with misconduct, you can terminate his service. But before awarding such punishment, please issue him a warning letter or charge sheet. If you are so particular that he should be out of the organisation, then record the misconduct in a statement form and take action. Don't be fast.

Regards,

Madhu.T.K

sujeet_rajawat · #4 (**permalink**) 11-04-2008, 11:11 AM

Dear Moksha

I am very much agree with Madhu. If the probation period is of less then 240 days, you can terminate him with immediate effect as per the condition mentioned in his appointment letter.

Else wise, before termination of any candidate who has completed more then 240 days in a organisation, you need to issue him warning letter.

If he again do some misconduct then again you need to issue him a warning letter and then only you can terminate him.

This is as per the law.

But if you want to terminate him with immediate effect, and he really made some blunder ask him to sign a resignation letter and ask him to leave. If he disagrees write down his termindation letter pay him for the one month salary and fire him.

Regards
Sujeet S Rajawat

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