Umakanthan53
Labour Law & Hr Consultant
Psdhingra
Legal Analyst, Hrm
Rdsyadav
Educator, Management Consultant & Trainer
Pasupathieswaran
Retired H R Professional
+2 Others

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Sir, during probation period, one Marketing executive conducting misbehaviour, adamant for performance, non productive results, involved in union activity, asking joint working notice. Can be terminated or transferred.
From India, Delhi
Yes, if you have conclusive evidence to that fact. But the right legal method will be to put him on notice to stop misbehaving. In that you must cite occurrences of his misbehavior. Also include a show cause and conduct a internal investigation providing him a hearing according to natural justice. If you still find him guilty. Then sack him.

From India, Kolkata
May be it is a Long drawn process. If he is under Probation for less than six months no need to conduct Enquiry. Put a full stop but that has to be confirmed after reading the relevant clauses of Appointment Order
From India, Chennai
Dear Vastavaamit,
In employment parlance, " probation " is the situation or period of time in which a newly appointed employee's suitability to his job and the organization's work culture are ascertained by the employer. It has got many parameters such as punctuality, receptivity to work-related instructions, adherence to general rules of discipline of the organization, cordial maintenance on inter-personal relationships with superiors, peers and subordinates, integrity and honesty, attainment of the desired level of efficiency etc. If the probationer is lacking in any one of the parameters, his probation can be extended so as to give him an opportunity to correct his behaviour or he can be simply discharged as per the contract of employment. However, involvement in union activities can not be a negative factor.

From India, Salem
Query is quite hazy without discussing background of the problem and who has been misbehaved.
From India, Delhi
Take recourse to the termination clause of the appointment letter and terminate his services forthwith.
From India, Mumbai
Dear sir,
Probationers if not behaving, not working in tandem or conduct with overall performance if found not satisfactory, employer can terminate such employees without enquiry easily any time without show cause notice, chargesheet etc, which is a time taking long procedure.Simply write the in Termination Letter the specific number of appropriate clause of his Appointment Letter and terminate him.
Regds,
RDS Yadav
Labour Law Adviser

From India, Delhi
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