Alankrita Gangwar
I am facing an issue where the management wants to terminate an employee during probation. The employee joined in April, and we have a 3 months probation period, at the end of 3 months, his probation was extended by 2 months as his performance was subpar. Now in August, he is still performing poorly in spite of getting detailed feedback and support from the managers.

Below is mentioned in the contract
"Probation - There would be a 3-months probation period with effect from the commencement date. The employer may extend the probationary period for up to maximum 3 more months with the confirmation from the employee and employer."
Termination of Employment - This employment may be terminated by the Employee or by the company, in writing, giving the other party (2) two month's notice period."
As per my understanding, the employee will need to serve a 2 months notice period from the date of termination. Please provide your suggestions if this is the only legal way out.

From India, Noida
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Madhu.T.K
Industrial Relations And Labour Laws
Saswatabanerjee
Partner - Risk Management
Vmlakshminarayanan
Sr.manager - Hr&admin
Alankrita Gangwar
Talent Manager

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vmlakshminarayanan
463

Hi, Since the Termination is the company’s decision, no need for employees to serve 2 months. whereas the employer needs to provide 2 months notice before termination.
From India, Madras
Madhu.T.K
3791

Normally an employer will be able to terminate an employee during probation period without any notice and without assigning any reason therefor. But in your case, the appointment order clearly says that 2 months notice is required to terminate an employee. In the absence of termination during probation, it should be treated as including termination of a probationer. Therefore, give him two months' notice now and terminate him on the expiry of the said two months' time.
From India, Kannur
saswatabanerjee
2356

Your company needs 2 months notice during probation? It is a little strange, specially as probation itself is for 3 months...

But if that is the terms given, then you must follow it.
You need to let him know that he is being terminated in 2 months notice or pay him the notice period amount.

From India, Mumbai
julian-kalac
I dont know where you are but here in Ontario , regardless if the employer extends the probation period or even if it is in the contract , the employer will have to pay 1 week notice
But because this employer is fruit cake and did not bother speciftying the min under ESA the employee can sue for common law
The law Ontario Canada is strict if the employer makes the termination clause less than the minimum , the courts will delete the term clause and go with common law

From Canada, Toronto

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