Private Consultant On Labour Laws
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Respected Seniors,
Please advise if an employee could be terminated without notice pay (30 days salary) on the grounds on non-performance during probation or otherwise.
Thanks in advance for your kind advise.

Dear Veera,
During probation period employee can resign without any notice period and employer may terminate services without giving any cause /notice.
This clause is generally part of the appointment letter or is part of standing orders.

It depends on the terms of contract. In the Indian operations of my company, we have a notice period of 30 days for those in probation period also. So please check the terms and honour the terms. If there is no notice period for probation, then you could relieve him immediately.
Termination is always a sensitive topic and if not handled with care, this can even spoil the work culture and overall brand reputation.
Make sure that you have documented evidence supported with manager and department heads supporting views to perform separation.
Also ensure that the company has given opportunity for employee for performance improvement.
Follow the terms and conditions mentioned in the appointment order, standing order or conduct and discipline rules (if any)
In addition to this offer some counseling and career guidance support as well

1. During probation you terminate as per terms of appointment letter properly issued to the concerned.
2. Before termination you must collect the performance report from the HOD concern and on the basis of report you must also inform him to improve the performance.
3. What is harmful ? If you terminate a probationer by pay One Month Basic for safe guard of any litigation.

Before terminate an employee , you should have given an opportunity to improve the performance.
Please make sure to issue a warning letter to improve the performance , maximum can issue 3 warning letters , if you documented the letters then no issue to terminate an employee and subject to mention in the appointment letter.

Dear Veera Ji,
It all depends on the terms and conditions of your appointment letter. Normally an employee is appointed on probation to give him an opportunity to learn the job.If he is not able to pickup, then another opportunity is given by extending the probation with cautionary note. If the employee improves satisfactorily thereafter, his services are confirmed and on the other hand if no improvement in the performance is noticed, his services are terminated forthwith. If there exist any clause in the appointment letter then notice is given or payment in lieu thereof otherwise the employee has to leave the job without notice or notice period pay.
BS Kalsi,
Member Since August, 2011

Respected Seniors, Thank you all for responding to my queries. I will apprise my Management accordingly. Regards, Rajveera
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