Termination On Probationary Period On One Day Notice - CiteHR
Saswatabanerjee
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Dear Seniors,
Hope you are fine. Please give me suggestion that is it fair to include a clause in an appointment letter that during 6 months probationary period an employee can be terminated with one day notice? How much it is logical and what are the negative impacts for a company so that I can convince the top management?
Please give me feedback. It is emergency because I have already stood against this issue.
Thanks
Kamrul Hasan
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Probation is a period to train,induct and watch professional performance of an employee.
Performance needs to be monitored and communicated so person can understand shortcomings and change for better.
That way termination with one day notice may be too harsh if these prior steps were not taken with seriousness and documented.
How a company treats its employees is an important factor in developing commitment to company.
So I would avoid such abrupt terminations of employees on probation
This is a standard practice.
During the probation period, the company evaluates the working of the employee and the potentiality he carries. The company also uses this period to evaluate whether it has done hiring decision.
Not all the people who are recruited are compatible with the company. Further some are seen to be absolutely useless and troublemakers. Once the employee is confirmed, there is no option of removing him except by following a long process provided in the standing orders. In order to avoid the standing orders during probation, the close of immediate termination is provided.
What you need to also explain to the management, is there although this clause is there, it should not be used unless the company is absolutely sure that this employee is a complete misfit.
There is no negative impact on this clause as such. Since it is the standard practice and followed by all companies, it does not reflect badly on the company to have this clause in the probation period.
There are two sides to the issue.One is legal side and the other is ethical side.The clause is tenable from the point of law once the employee agrees to that condition.However, all the steps preceding such termination shall better be complied with by the employer such as giving regular feed back to the employee about his performance during probation and affording opportunities to him to improve his performance. Ethically, the employee should have reasonable notice about his impending termination so that he can mentally prepare for it and start looking for a job elsewhere and also to balance the principle of fairness if the contract contains a provision that he shall serve a 15 day notice before his resignation.
B.Saikumar

Legally it will be OK. But logical or ethical or fairness ...... depends on the how the management/company wants to deal with its Human Resources. It is always best practice to keep the probationer informed about his performance periodically. It could be once in 3 months or 6 months. This will prepare the probationery employee mentally in the worst scenario and will be an added arm legally also, establishing that fair treatment is being meted out.
bgramesh, hosur.
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