Dinesh Divekar
Business Mentor, Consultant And Trainer
Asso.prof.(commerce & Management)
Nagarkar Vinayak L
Hr And Employee Relations Consultant
Sr.manager - Hr&admin

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Hello Colleagues,
I would request the seniors to please suggest what should be done next.
There was a trainee who joined our IT company. He was on probation for 6 mths ... did not perform and took about 14 leaves in these six months. His probation was extended by one month but still no improvement in his performance. Then he was kept on PIP performance improvement plan but still the feedback is not very satisfying.
The Company is not willing to terminate him or put an end to his employment as it gives wrong impact on the existing employees. Now we are planning to put her on contract of three months wherein if he performs the contract shall be renewed or else terminated.
Is this fine or is there any other way to tackle this situation..... also what shall be the contents as in like terms and conditions of the contract. If anyone can help me into this I would bereally grateful.
Thanks & Regards,

From India, Mumbai
Dear Neha,
I did not understand why your company wishes to nurture an underperformer. You have given sufficient opportunities to the employee. If the employee does not improve in spite of availing of these opportunities then why to retain such employee? Talk to your management to review the decision and terminate.
Be it noted that your company is nothing but a business enterprise and not a rehabilitation centre. Your management's worry on the negative impact of termination is also misplaced. In fact, the termination will send a signal to one and all that each employee must perform other they too will meet this employee's fate.
Dinesh Divekar

From India, Bangalore
" The Company is not willing to terminate him or put an end to his employment as it gives wrong impact on the existing employees. Now we are planning to put her on contract of three months wherein if he performs the contract shall be renewed or else terminated. '
As per your statement already he /she is employed with your company on a mutually agreed terms either training or work. Hence there is no room for placing her on a new contract. You have the option of extending the probation period for another 2-3 months.
" The Company is not willing to terminate him or put an end to his employment as it gives wrong impact on the existing employees. "
If the company is not willing to terminate, talk to him/her. Appraise him of the situation, find out why she/he is not able to perform. Give a last chance or encourage him/her to submit resignation of his own accord and close the file.
If the Company is not willing to terminate, discuss with

From India, Madras
I'm not able to catch your point re: the status of appointment. Firstly, she (or he as you used both) was joined as a 'Trainee' and placed on probation of 6 months and extended by a month =7 months.
My question here is to make it clear, was she/he engaged as regular or trainee? And if she/he was engaged as Trainee whether is the question of converting to 'contract' employee.
That apart, when the appraisal reports 'not satisfactory' (is't unbiased & impartial?) then automatic follow up action is to relieve her/he as such. I think there can't be any room for sentiments.

From India, Bangalore
Dear madam,
The concerned employee has continued to under perform despite opportunities given to show improvement .
Ask management to revisit the decision and obtain his resignation and be done with it.
Vinayak Nagarkar

From India, Mumbai
Hi Neha
You may have already taken whatever action that you had already planned. That is the occupational hazard for attempting to contribute late in the day to a conversation . Notwithstanding that, I have a view on this subject. Hence this post.
What I find intriguing is that your post says you have extended the probation period by 1 month. It means, what you could not judge in 6 months you were trying to do in 1 month! Then put the person on a contract employment. That means the person is on reverse gear in his career. Looks a bit wonky to me.
The post again says the person's performance was poor because he/she availed 14 days leave. Was attendance or the quality of performance was the real issue? I don't know in performance assessment in PIP if the criteria applied is performance on the job or again attendance which is an auxiliary issue connected to the job.
I agree with Mr Divekar that a business enterprise is not a charitable organisation. Having said that, I would also hasten to add that HR has the responsibility to monitor the progress of a person who is not measuring up. Talent management is as important as talent acquisition, if not more. Based on experience I would say this much. Line managers usually have little or no time or incentive to invest their time and energy on a new recruit that too a perceived indifferent performer. You as an HR representative are expected to closely monitor the progress of the person on the job especially in a company which is unwilling to sack a poor performer for whatever reason.
Now coming to your point on what conditions to be put in the contract. To my mind it should clearly stipulate, besides the normal conditions of engagement, the need to demonstrate continuous improvement on the job for making the job permanent. Having said that, I still believe the right way of managing this issue is by further extending the person's probation backing it up with an appropriate monitoring system. Success of a recruitment is measured by the successful performance of the man on the job. As they say proof of pudding is in eating.
Thank you

From India, Nasik
The situation is really simple and I wonder why you and your organization are making it difficult.Your organization needs to relist their priorities.
In an organization ( which dreams to be happy and successful )their is no room for under performers. But wait maybe, this poor performance is not just because of that particular employee.May be there are additional factors lowering the performance.I hope respective management and concerned people have tried to figure out the reasons of this under performance.If this is mainly because the employee is dull and apathetic and you have tried counselling and motivational techniques and still in vain then there is no point of extending notice periods.This in fact can prove extremely toxic for your organization:
1) It may give other employees a message that the company is also welcoming for under performers so its okay to perform low.
2) It is Wastage of time and resource and also a source of increased headache .
And if you are giving chances because she is there for some "not so important tasks"..then let me inform you,that you are doing a big mistake.
For a flourishing organization every task ,every employee and each rule is on the same page.
I hope now you will be clear about what to do.
Good Luck

From Pakistan, Islamabad
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