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Hi All,
I would like to have a suggestion on the this topic, In our management we will have to terminate a employee due to non - performance
Is that fair to terminate the employee before he finishes his probation period ( 3 months) without any notice ??
As a HR executive I feel like Management should give warning notice , But management feels that is not very neccessary to do while employee in the probation period
Suggestion Required
Regards
Shekar
27th November 2005 From India, Bangalore

Pbskumar2006
Sr.manager-hr
Vikramlamhe
Hr Professional
Swastik73
Human Resource And Industrial Relations
Samvedan
Consultancy_hr & Ir
Kknair
Hr, Ir, Law, Disc. Matters
Shyamali
Human Resources Director
Azing_00
Hr Professional
Vikasdeepa_arora
Human Resource Advisor
Jayasmp
Head - Hr
Vnmnair
Professor
Somusomu1
Hr Executive
Basudeva
Service
Sirisha Reddy
Hr Executive
Shankarji_2k5
Senior Accountant
A.S.Sharma
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Jaya_vinod
Hr/recuritment
+3 Others

Hi,
The conflict is seen between HR (kind?) approach and what must be done in the situation. This has to be resolved by a managerial action only. I may agree with you to take a kind approach-looking at the time frame, but the causes why your management would not wait should be known.
Also, what are the basic terms and conditions of the appointment? These also have a bearing on your ability to act in a particular manner.
Leaving aside the (to me) unknown details of the situation, I would make a very generalized statement and say that technically it is in order to terminate employment of a probationer, for non-performance-before his completion of the term.
Regards
samvedan
November 27, 2005
27th November 2005 From India, Pune
Hi,

I think if we can go into the depth of the matter, maybe it will help. An organization does not hire anyone for charity (except if the person is related to someone high!). In this case the candidate was appointed because he was found suitable in some respect.

it is not just termination, but the entire recruitment process and the subsequent period has been wasted. This has resulted in some financial loss also for the organization. If you are to start the process again, it will take time and again the cost will be borne by the organization.

The non-performance of the employee should be probed into and identified. Some back ground will have to be done. If the reasons cited can be solved amicably and the employee can be counselled, then attempts must be made to retain him/her. But if the non-performance is due to the employee only, then it is better to terminate the employee after given an opportunity to improve performance. Convince your management if you feel after counselling the employee that it is possible for improvement.

This is my opinion.

Regards,

Anuradha
27th November 2005 From India, Pune
Dear Sekar,
I fully agree with Anuradha that first of all we need to know the reason behind his non - performance i.e whether his non performance is due to him or any external factors which can be ambience, culture or his senior then accordingly actions can be taken. Feedback recieved from him would be of immense help to the Recruitment process and Organisation Climate.
Secondly before going ahead with termination letter please have thorough compliance with the laws. According to my knowledge on this Warning Letter/Chargesheet is must before you go ahead with the termination letter.
Deepa
27th November 2005 From India, Gurgaon
Dear Sekhar,

There is no legal bar of terminating an employee during his/her probation period without notice for any reason whatsoever unless a notice period is mentioned in his Appointment/Probation Letter.

Let me add that it is unethical and not illegal on the part of Management not to give a notice period.

From your post it seems there is no notice period given in the letter. You can go ahead and terminate the employee without notice.

Further I would also suggest that you persuade you Management to insert a Notice Period in all Appointment/Probation Letters. It will not only be ethical but also it will give you a breathing space in finding a replacement.

In the end I would like to add ethically there should be an option for extension of Notice period for non performance not below a certain level which should be determined and recorded my a PA board ,for a further period of not more than the original period of probation, and after that termination usually takes place. So, normally an employee should not be terminated for non performance without giving him an extension. Probationers with Perfomance Level below the determined level is terminated with Notice or compensation in leiu of notice.

Hope I have been able to satisfy you.

Warm Regards,

SC
27th November 2005 From India, Thane
Hi Somu,
I feel that the person can be terminated during the probation period without notice because both parties can repudiate the contract without notice during that time.i.e. the employee has a right to leave the job without notice.
According to me the HR function of his competency is being determined by his manager after analysing his commitment and attitude...so i think he can be terminated as keeping him would be a waste of money and time.Of course i would recommend an exit interview to find out what happened to him after joining, since he was very promising at the time of the interview.
28th November 2005 From United Arab Emirates, Dubai
kknair 196
Hi !! As I look at it, there are two aspects on this issue.
First and foremost legal- there is no legal necessity in terminating a probationer but count the notice as per appointment order. Most managements are happy to learn this position.
Secondly, being HRM practitioners we basically follow the regimen that every body can improve and none should be knocked out in pre-conceived manner. The cost of hiring a new hand as well as the time it takes to train yet another hand to this level also are to be reckoned.
You can take take up with your management on the options, the first may satisfy their ego but second should not be lost sight of
29th November 2005 From India, Bhopal
kknair 196
Hi !! As I look at it, there are two aspects on this issue.
First and foremost legal- there is no legal necessity in terminating a probationer but count the notice as per appointment order. Most managements are happy to learn this position.
Secondly, being HRM practitioners we basically follow the regimen that every body can improve and none should be knocked out in pre-conceived manner. The cost of hiring a new hand as well as the time it takes to train yet another hand to this level also are to be reckoned.
You can take take up with your management on the options, the first may satisfy their ego but second should not be lost sight of
KK Nair
29th November 2005 From India, Bhopal
Dear Froends, I feel termination is the last resort, we should go in the depth of the issue & look why such thing happened ? Hiring & Firing is not a proper solution. Regds, Vikram Singh
29th November 2005 From India, Delhi
HI,
If the employee is not performing his duties well, if he has to terminate him either in prohibition or confirmation, first we have to receive a complint letter from the concerned H.O.D. to the HR. Dept. Then HR Dept has to issue warning letter. we have to give three chances to improve his performance, if he failed so, based on the waring letters he can be terminated from his services with one month notice or as per company policy.
Regards
Y.V.Madhava Reddy
1st December 2005 From India, Hyderabad

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