Whether 'PROBATIONER' is party to the process of CONFIRMATION? - CiteHR
Umakanthan53
Labour Law & Hr Consultant
Saswatabanerjee
Partner - Risk Management
Bharat Gera
Principal Hr Consultant
Nathrao
Insolvency N Gst Professional
Gayatri P
Hr Generalist
+1 Other

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Appraisal is done (i) one to one or (ii) 360 Degrees (all departments) after 6 or 12 months of confirmation.
But confirmation is done after evaluation of performance & conduct during probation-period and this is mostly done one-sided i.e. by Management /Manager's discretion.
Till date confirmation is used as a tool to correct the act of 'wrong-recruitments' or
keep labour-count below eligibility criteria.
If HR is using Appraisal-form for "both the sides" for 'confirmation' purpose; then I want to know whether it is appropriate.

The process of probation ends up with either confirmation or termination of the probationer at the end of the period. At times it results in extension also in case of otherwise deserving cases in which situation the probationer is appraised of his performance as well as informed of the areas of improvement expected in his performance. In other words, it remains a subjective assessment of certain objective aspects of the performance as well as personality of the probationer by the employer. Therefore, it can not be a matter of deliberation or open discussion between the assessor and the assessee.
Concepts of appraisal are not straight jacketed. Instead, it is linked with the nature of the business, type of employee, etc.
So, you can decide whether you need to take a feed back from the probationar. In general, HR informs the candidate of the confirmation . It is unlikely that the employer will refuse. If he was not happy, he would leave before anyway. It you decide not-confirm him, then, just inform him of the reasons so he can improve. But you a-at liberty to terminate without reason also.
But you will rarely have a situation when his input decides whether he will be confirmed or not

The probation is nothing but a process of trial of a recruitee before confirmation. If the recruitee found suitable during the trial then confirmation letter is issued. In many a times the candidates get confirmed much prior the completion of probation period. During the period the probationer are informed about the shortfall and asked to look into. Where short comings noticed the period extended as a final call, if no improvement is found got termination. In general probationers are kept out of Appraisal as happened in the matter of regular employees. A sound system makes an organisation Sound. It depends upon of the out look and perception of the HR department. We do the daily assesment of a probationer and inform he/she about shortcomings and advised to act on it.
Dear Friend,
The process, the theories, the principles are never wrong it is the person, his intentions and the method of implementation which decides the outcome. Some of the companies use it diligently and some use it as a tool for meeting their ends.
In some of the companies people are hired against permanent vacancies and when their requirement is over they are shunted out. Matter of intentions only.
We get many problems on the issue in this forum. This will continue to happen and probationers will continue to be exploited.
Warm Regards
Bharat Gera
HR Consultant
9322404765

Dear Seniors,
Many seemed to be of the opinion that employer has liberty to terminate employee on probation without assigning reasons. But is this the real scenario ? They are in all aspects just like any other permanent employees on rolls. So the disciplinary or warning procedure will be applicable to them also. Even in case your appointment letter mentions that employee can be terminated during probation period without assigning reasons, will this be admissible in labour court?
Please clarify the above as we also at times come across cases of non-performance during probation.
Warm regards,
GP

Dear Ms.Gayatri,
I think that your natural sense of justice and equity against the practice of termination without assigning any reason prompts this question. The comments of our learned friend MR. Bharat Gera also incidentally fortifies your opinion. With due regards to the observations of both of you, I also would second them only to the extent that there are men and men. Here, the discussion is about the holistic assessment of a probationer and not confined to performance alone. Work culture differs from organization to organization. The personnel in any organization act in tandem as a task or functional group despite the presence of individual differences. So cohesiveness of the group is always more important than any other thing in a group task. Cohesiveness is possible only when there are unity of purpose, unity of thought and unity of action among the individuals constituting the group. As a novice to the job and as a new member to the organization, a newly appointed person needs some time to familiarise himself with such aspects of his new lease of work life. This is the phase of probation in his employment during which he is under the constant scanner of his immediate superior or employer depending upon the strata of supervision and control. One may be a star performer as an individual but he may be a failure in his inter personal relationships with colleagues and superiors or lacking in aspects of punctuality or situational adjustments. No scrupulous employer hires a new talent for the purpose of firing after a short spell.That's why I've described probation as a subjective assessment of certain objective aspects of performance as well as personality of the probationer by the employer. If these short comings in the perspective of the particular employer are cited in the notice of termination, certainly it would affect his employability elsewhere in future. That's why such a clause of simple discharge or termination in the contract of employment in respect of probation is recognized in the realm of employment as well as in Judicial Scrutiny.

Dear Gayatri,
In reality the scenario is not the case that termination is done at liberty by all employers. The same has been stated by our seniors.
Employees who are in probation seldom approach court of law, if terminated suddenly,reason being the time and financial loss the litigation involves.
Instead they can go ahead and search a new job avenue, which is happening in reality.

Dear Umakanthan.M and Venkata VK,
Thanks for detailed clarification. I need help in the following situation.
Sometimes it becomes difficult to face situation when your business head finds new joiner incompetent after 2-3 months, in spite of he clearing functional test plus interview , HR interview and clears in reference checks. Business heads also feel that since someone is on probation you can easily terminate. I raised this query as though many times the new joiner agrees to resign as rightly mentioned above, there are certain tough-nuts who ask you to terminate. In that situation can you terminate someone immediately just by giving notice pay as per the terms of employment contract? But generally the appointment letter has clause that during probation one can be terminated without notice/assigning any reasons. My question is, can this be really put to practice if the situation arises? In case of non-managerial level employee.
Warm regards,
GP

"Even in case your appointment letter mentions that employee can be terminated during probation period without assigning reasons, will this be admissible in labour court?""
Concept of natural justice is always upheld in cases of employees on probation.As long as employer has cautioned probationer, trained him adequately and still there is no progress, employer can discharge him without any stigmatic remarks.Courts will not interfere in such cases especially if employer has maintained all documents regarding progress or lack of progress, counselling, training etc in authentic manner.
Purpose of probation period should clearly be understood-does the employee fit in in all respects and for employee -he/she can see whether this company is suitable for him.


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