Labour Law & Hr Consultant
Sr. Hr Executive

Dear Seniors,
Im working for a upcoming IT consultancy and services, We have one employee who completes his probation by the end of this month , but unable to confirm his probation due to non- performance.
Management wants to terminate this employee due to this, kindly confirm is this right process as per law or we shall extend his probation for 3 or 6 months to improve his performance, By issuing a warning letter.
Your reply are highly appreciated.
Expecting your reply at the earliest.
Thanks & Regards
Amal Sheriff
From India, Chennai

Dear Sheriff,
Please refer to appointment letter issued to the candidate the clause's mentioned, if any pertaining to probation/ non-performance. You may follow the same.
In general, Probation can be extended for further period and the same can be notified to the employee in question.that, his/her probation is being extended and also inform that, if there is no improvement then, he /she might be given notice and asked to go.
So , it means you have given adequate time to employee to improve and also put on record to cover yourself in future.
thanks and regards
From India, Visakhapatnam
Dear Amal,
Yes you can terminate the contract of employment on the basis on non performance if it is mentioned so in the letter of appointment. Only you need to keep ready the record on which basis you have taken an decision of non performance by the employee. Normally, as a practice companies don't prefer to take this harsh decision and prefer to extend their probation period with performance enhancement scheme where some mentor is assigned with the employee who will inspect and help the employee to grow in his career with good performance. Also, it is not so good to terminate any employee on so quick decision as he is dependent on the job and it is harmful for his career as well.

Dear Amal Sherief,
Since the employee is only a probationer and if the contract of employment enables the employer to dispense with the services of the employee if he is found unsuitable,he can do so before confirmation. However, you should note that such an act would certainly be indicative of either the defective recruitment and selection process of the organisation or the lack of minimum skills required for the job by the concerned probationer or both. Entry level jobs in IT or ITES sector do not require extraordinary skill level or great intelligence. Rather such jobs require punctuality, systematic work, manipulative technical skills and strict adherence to time schedules. It is possible that he might be hailing from rural area, perplexed at the very modern institutional atmosphere, introvert and very shy or suffering from some health or personal issues. Therefore, I am in total agreement with the view of our learned friend Manoj. Better counsel him before taking a final decision.
From India, Salem
Dear Sherief,
If a person is not performing should not be confirmed. Dear friend, have you ever intimated the person on probation that he is not performing as per expectation during the period. Did you make any sort of counselling on this performance issue.
Just at the end of a period declare a person that his performance is not at all satisfactory, this is really disgusting. This type of attitude by the employer is not at all good, engage to manage the show and dis engage at the end of show saying' Non-performer".
As your posting speaks mangaement can cosider of extending the probation period. On what ground you feel so. Which gives an indication that this probationer has ability and can perform. If that is the case then you well can consider for an extession.
From India, Mumbai
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