It would be unethical on your part my friend, if you dont give notice period. It will throw your bad character. You may be angry on your employer, but we should not spoil our character. So please give 1 months notice period and then go away from the organisation.
Thanks
Ajit Shah
9987389930
From India, Mumbai
Thanks
Ajit Shah
9987389930
From India, Mumbai
It will be as per the terms of the appointment letter regarding Notice Period or Notice Pay.
Also it is always safe to issue him 2 warning letters regarding non-performance, clearly mentioning that underperformance can lead to disciplinary action including dismissal.
Please analyse the reasons as to why you need to fire him. Is it due to the downturn or non-performance from his side. As HRs, we should first try & improve his performance.
From India, Panaji
Also it is always safe to issue him 2 warning letters regarding non-performance, clearly mentioning that underperformance can lead to disciplinary action including dismissal.
Please analyse the reasons as to why you need to fire him. Is it due to the downturn or non-performance from his side. As HRs, we should first try & improve his performance.
From India, Panaji
Hi Vineet,
It depends on the applicable laws and the if you ahve mentioned it in the appoitment letter. e.g. Punjab shops establishment act provides for 7 days of notice of the employee has been in employment for les that 3 months and if more than three months then he/she should be given at least 30 days notice or salary in lieu of that.
You may terminate an employee on grounds of gross misconduct without any notice and without any salary in lieu of the notice period. Please provide the relevant details in order to provide you the exact solution.
Thanks and regards
Govil
From India, Delhi
10It depends on the applicable laws and the if you ahve mentioned it in the appoitment letter. e.g. Punjab shops establishment act provides for 7 days of notice of the employee has been in employment for les that 3 months and if more than three months then he/she should be given at least 30 days notice or salary in lieu of that.
You may terminate an employee on grounds of gross misconduct without any notice and without any salary in lieu of the notice period. Please provide the relevant details in order to provide you the exact solution.
Thanks and regards
Govil
From India, Delhi
It depends upon the company policies and the termination clauses mentioned in the terms and conditions documents signed by the employee while joining.
Usually they are designed in such a way that probation period is ment to understand if the employee is capable to be a permanent employee and if not can be fired.
You must also keep in consideration the reason for fire.
Do you expect your employees to pay service period if deciding to quit during probation?
From India, Bangalore
Usually they are designed in such a way that probation period is ment to understand if the employee is capable to be a permanent employee and if not can be fired.
You must also keep in consideration the reason for fire.
Do you expect your employees to pay service period if deciding to quit during probation?
From India, Bangalore
Hi Vineet,
As far as the policy part is concerned, if you don't have any clause in relation to termination during probation period then you can review past practices of ur org. in this regard...or simply go ahead with firing the person. However, it wud be unethical & certainly not an hr's approach to tackle such matters. Rather, instead of jumping to conclusions, try to find out the actual reasons responsible for his poor performance...have a one-on-one discussion with the employee in question & lend out a helping hand to sort out his problems. Look at this issue from different perspectives & don't rely on his deptmental f/b alone. Atleast, for initial few months, an employee's performance is a sum total of ...individual caliber, seniors' guidance and work-culture.Consider all these factors & go ahead as deem fit.
From India, Delhi
As far as the policy part is concerned, if you don't have any clause in relation to termination during probation period then you can review past practices of ur org. in this regard...or simply go ahead with firing the person. However, it wud be unethical & certainly not an hr's approach to tackle such matters. Rather, instead of jumping to conclusions, try to find out the actual reasons responsible for his poor performance...have a one-on-one discussion with the employee in question & lend out a helping hand to sort out his problems. Look at this issue from different perspectives & don't rely on his deptmental f/b alone. Atleast, for initial few months, an employee's performance is a sum total of ...individual caliber, seniors' guidance and work-culture.Consider all these factors & go ahead as deem fit.
From India, Delhi
a probationer has no lien on his employment. he can be terminated immeditely by giving one month notice period or salary in lieu of notice period( which is given) as per the appointment order. the law says that while terminating a person on probationer, there should not be any "stigma" attached to it. the draft of the letter of termination should be simple without stating any reason. if a stigma is attached, proper enquiry should be conducted and then only we can terminate an employee.if that is not done it can be disputed in a court of law.
Dear Vineet,
Even you don't have to give him one day notice it is only for curtsy. But why such situation has come please analyze. For an employee or an employer it is not a good sign.
regards
K.Venkatesh Prabhu
From India, Hyderabad
Even you don't have to give him one day notice it is only for curtsy. But why such situation has come please analyze. For an employee or an employer it is not a good sign.
regards
K.Venkatesh Prabhu
From India, Hyderabad
Dear Vineet,
It is important to see the terms and conditions of the employment agreement/contract or Offer Letter which your Company might have entered with the employee. If you have a clause or provision in the said Agreement/Offer Letter stating that Company can terminate the service of the employee at the option of the Company without giving any notice but by paying a one month's salary, then you can do so. You can pay the one months salary in lieu of the notice period and then terminate his service. otherwise, give him a notice period of the stipulated time mentioned in the agreement/contract.
From India, New Delhi
It is important to see the terms and conditions of the employment agreement/contract or Offer Letter which your Company might have entered with the employee. If you have a clause or provision in the said Agreement/Offer Letter stating that Company can terminate the service of the employee at the option of the Company without giving any notice but by paying a one month's salary, then you can do so. You can pay the one months salary in lieu of the notice period and then terminate his service. otherwise, give him a notice period of the stipulated time mentioned in the agreement/contract.
From India, New Delhi
Hi vaneet,
Pl refer to your query i would like to add that an employee on probation can be fired any time if he/she is not performing upto expectation level of the management.
In such cases no any notice period is required.You can even fire him/her on the same day.
Further if any clause of termination of an employee during probation period exists in the appointment letter of the concerned employee then it must be considered before firing an employee.
Rgds.
Paramjit
(paramjitnanda@gmail.com)
From India, Chandigarh
Pl refer to your query i would like to add that an employee on probation can be fired any time if he/she is not performing upto expectation level of the management.
In such cases no any notice period is required.You can even fire him/her on the same day.
Further if any clause of termination of an employee during probation period exists in the appointment letter of the concerned employee then it must be considered before firing an employee.
Rgds.
Paramjit
(paramjitnanda@gmail.com)
From India, Chandigarh
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