Termination Of Employee During Probation Period Pdf Download - CiteHR
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This is more of an ethical issue than a professional one. It is upto the department head to understand how to train his team to make them perform to his expectations. For eg. in IT it is almost impossible to expect a fresh BE graduate with absolutely no exposure to programming to start developing complicated algorithms in his first week of duty without any training.

The probation period itself is to help the employer and the employee match each other 's expectations. In this case the employer should wait till the probation period is over and then decide whether to confirm the services of the employee or not. This is what is usually mentioned in standard appointment letters also. So the employee will also be well aware of the fact that he will be asked to leave if he doesnt perform in the given time. If the organisation is not in a financial position to wait for the same, then it should not hire a candidate who will not meet their expectations.

My point here is that the employee should be given a realistic amount of time to perform and this should be communicated to the employee at the time of joining. Terminating an employee during probation is pretty unethical and will ensure that the attrition rate of the company will shoot up and reduce the overall morale of other employees.

This is what we experienced in my previous company. One of the employees was asked to resign within 3 months(during probation) though she was not a below average performer per say (management decision of course). I (as the HR) did try fighting tooth and nail for her retention with the management and I was given the answer that the organisation is not there for charity. I did not say anything further but knew that this will spell further trouble. The employee left with tears in her eyes becoz she was the only earning member of the family. But within a very short span of time she got an excellent break with a leading IT company. What she did was refer all our key players here to her new company. In the process the company lost not only the so called non performer but also most of its star performers. This in fact made the company in a financialy worse position. Had they retained her the loss wouldve been much lesser than what it is today!!

well think about this ...


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Dear All
The intention of placing an employee on probation is to test his capability to perform the job entrusted to him. Once he is confirmed, he will be continued till his retirement normally. Hence Non performer will be a liability to the organisation till his retirement. if an employees on probation is not performing well, he can be terminated with reasonable notice.
If the new employee is not adjusted to the organisation culture and is not productive to the organisation. Reasons for the above need not be attributed to the employee only. Because of many other reasons like poor induction, ego problems of the senior employees, working conditions, non co-operation colleagues, new employees may not be in a position to discharge his duties properly. Hence before taking a decision of terminating the employee, he should be heard and counselled much in advance and should be given a change to improve his work.
If an employees is not confirmed after completing his probabtion period which is about 6 months, and continues working without any notice and/or of any kind. His department is also changed but no notice of any kind served.
can he be terminated
Dear All,

I am also facing this problem as a HR person. I realised that we must mention during final selection few things (not entire)

Company rules.

Way of working.

Expectation from him and his responsibilities.

Competition in labour market and oppartunity which we are going to give him/her.

Performar and nonperformar place in the company.

After selection

If get problem in any aspect to whom should he talk etc..

If getting problem in existing way of working then How he wants to work and how it will be good for company (Some times employees want to work professionaly but they dont get response from top management so they become compel to leave the organization)

If and only if non performance due to the employee so we can ultimately send a warning letter to him and finally fire.

I have noticed in my company after hiring existing employees behavior and uncoopeartiveness plus late sitting made new employees to leave the organization .

we have to tell each and everything to new person during final selection what he is going to face so can take decision according to his willing.


1. Pl. do not terminate unless probation period is complete. A day more or less will not make any difference.
2. State non - performance or unsatisfactory performance during the probationary period as the reason for not confirming / not regularizing the services. Also give reference of the appropriate clause to this effect in the appointment letter issued to the employee.
hi somusomu1
I am not able to comphrend what you have posted..... pls improve on your written communication.....wonder how you are surviving in this hr field with such fantastic communication. take it in right spirits...dnt be spontaenous while posting, think and post so that sentence formation comes out well....
Courts hve been holding that unless full probation period has expired, it is not legally correct to arrive at a decision on the performance of the probationer.So please take action accrdingly.
Hi vinod,
I had asked one and all to discuss the issue which i have posted on termination,
You have suggested on my communication I would thank for that ,
It would be also realy great if you can comment on the topic ( Employee termination)
Hi All,
I have read the details of Termination on Probation period. I had worked with a Software Company . Company has terminate me without notice or payment of notice period ( One month as per Appointment Letter) till today. I make complain against the Company to the Asst Labour Commissioner. Company has not appear before the Conciliation Officer on the Notice given. What are the legal actions to be taken by the appropriate Government as per Industrial Disputes Act and other Labour Law. Can I get the Notice period amount and its interest with mental harassment amount ? Answer from your side will be highly appreciated.
Basudeva Choudhury

Hi Basudev,
If you can fight for your rights you will definitely get your one months salary* Provided you have not got your releaving letter or you have sign any settlement document
Please contact any corporate lawyer this will help you lot in quick solution
Please update the same , we shall also try giving you some inputs on the same
If any inputs required kindly let us know
Somu Shekar

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