Can we terminate an employee after 20 days of joining due to non performance? - CiteHR
Bharat Gera
Principal Hr Consultant
Nathrao
Insolvency N Gst Professional
Rajeshkannan
Manager - Hr And Admin
+2 Others

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Hello All,
I am working as an HR Manager, in a newly startup B.P.O. There is an employee, who have joined us recently. This employee is not performing & learning. It seems that he is having drugs as well (doubtful). There is no scope of improvement as we already had a discussion with him.
Can you please suggest if we can terminate the same employee immediately or not. If yes, then what legal actions he can take?

Record the counselling on a properly authenticated document with his signature.
Precise nature of issues with him need to be documented.
Is he on probation?
What are the terms of exit given in offer letter?
If there is no scope for improvement give him notice as per offer letter.

Hi Sir, Thanks for the response.
Yes he is on probation.

Hi
If he is on probation you can terminate his service subject to the terms and conditions of the offer letter issued to him
Regards
P.S.Lakshmanan
S. G. Management Services
(PAN INDIA Consultant – Labour Law Compliance,
PF, ESI, P Tax, Benefit Management &
POSH COMPLIANCE) - KOLKATA

Dear Friend,
1. The employee is supposedly on probation, still if you are terminating the services of the employee, it has to be justified & legal. You will have to create grounds for that.
2. 20 days are not enough.
3. If you are suspecting substance abuse, then get him medically examined, if the medical reports are positive on substance abuse, give him a letter of termination on the grounds of substance abuse.
4. So far as performance is concerned, he should be counselled at least twice in presence of witnesses at reasonable intervals & the matter should be recorded in writing with his signature on a proper format.
5. If he does not improve, give him marching orders in writing on the grounds of performance.
Warm Regards
Bharat Gera
HR Consultant
9322404765

The termination on ground of performance is not sound within a short spell of working.
You can terminate with notice or pay notice amount to get free immidiately as you are deserious remove. You counsel him to resign so that he can be benefited against the termination.

Dear Friend...
If the employee is consuming drugs & all you can initiate action after completing the medical examination.
If it is on performance based I opine that 20 days is too early. The employee who ever he/she may be they should understand / adopt to the culture / adjust and deliver. Its not a machine that works on switching on. You should also understand that the employee might have left his earlier job and joined you and all of a sudden you terminate him then it will be difficult for him to survive and he is married and having kids then understand the status.
Before finding fault with the employee I make the interview panel responsible because they failed to evaluate the competencies of the candidate hence I opine that this should be strengthened however suggest to give him some time to breath or time to look for alternatives.
Thanks and regards
kamesh333

You can terminate a probationer if there is a clause to that effect in the contract of appointment, ie discharge simplicitor.
Dear Friend ,
Do you have record of his performance on under expectation.
What is the designation and his salary.
If his designation falls in Manager cader . You can terminate his employment immediately on the discussion of non performance.
As per our appointment letter what is the termination clause.
If he is taking drugs on duty you can go for termination immediately if its not . You cannot take action against him for this reason .
You need to do counselling along with HOD what is your expected level and what is the gap. Once he realized automatically he put down his paper.
Because of start up company i realised you dont have Hr manual . And dont have a proper termination clause in Manual and appointment letter.

Evaluating an employees performance in 20 days cannot give a correct picture of his/hr abilities.
In case it is reported that he is a substance abuser, the same should be proved or he/she should be caught red handed,
Usually a person on probation can be terminated without notice on grounds of moral turptitude, ie theft, substance abuse, etc.,.
However, it would be better to speak to him and get hism to give his resignation with immediate effect, so as to safeguard company's interests.

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