Regarding termination of services in the 8th month(post probation period of 6 months).

Can anyone be asked to resign on the grounds of performance?

What if they deny to resign and can they be terminated instantly?

Specifically when there was no performance review evidences by the hr neither the HOD neither any meeting or discussion conducted with the employee. No sort of documentation was provided after multiple attempts by the employee to justify the termination.

Can this be approached legally?

Will appreciate the insights, everyone!!

From India, New Delhi
Dear Colleague,

In the instant case, the Probationer (6 months time) was asked to resign then terminated at the 8th month abruptly. Even for a probationer to be terminated there should be proper performance reviews conducted, gaps documented then and there, copies given to the Talent for reference, opportunities given to the probationer to improve his performance are to be adhered. Everything to be done in black and white in written form. Unless the organization has otherwise the service rules the probationer is a probationer only unless he is given a written letter confirming him his services ( provided there is no such long time period of confirmation) In this case there is lapse of 2 months only and it seems no order of extension of probation or confirmation given. Hence for the argument purpose we may treat that he is only a probationer.

The organization should have put in system that to compare the results for which the probationer was appointed vis-ŕ-vis What is the given result by the Talent in a measurable / quantifiable very scientifically measured/ documented manner. Such data has to be documented periodically explaining what was expected and what was delivered and written letters are to be given then and there to the probationer.

In the instant case if these elements are absent and the talent was forced to resign or got terminated abruptly, then in case if he is within the purview of " Workman" under the Industrial Disputes Act 1947 , then he can seek legal remedy treating this as Non-Employment. Then the Legal course will decide on merits. This is a case where even for probationer, there should be strong performance review system/documentation and communication in wring to the Talents. This is very fundamental even for Probationer type of engagement.

In case if the organization has complied with Notice Pay clause applicable for probationers and provided performance gaps in writing then and there, then the legal remedy is remote to the talent.

Thank you and God bless
Dr.P.SIVAKUMAR
DrSIVAGLOBALHR
Tamil Nadu

From India, Chennai

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