Absentee Trainee on Probation: Can We Terminate Employment Without Written Warning?

A Trainee Test Engineer who joined us last month is not regular. He has not shown up for the last 5 days - he is on probation. The reporting Manager and the HR had given him a warning but not in written format.

Can we terminate his employment/traineeship? Our terms and conditions clearly state the following:

PROBATION

You will be on probation for a period of up to three months during which time your progress will be monitored. Provided a satisfactory standard is achieved and maintained, your employment will be confirmed. In the event of unsatisfactory progress, your employment will not be regarded as confirmed. ICS reserves the right to either extend your probation or, if necessary, terminate your employment either during or at the end of probation.

Yes, you can terminate his employment because he was off from work without informing or without any permission. Absenteeism is also a breach of the code of conduct, so without hesitation, you can give him a pink slip, i.e., terminate him.

I think that since the employee is on probation and based on the attendance register, you can fire him. Also, to back it up, check if he has informed his manager without informing HR.

You cannot terminate an employee without giving him a warning letter. You have to issue at least three warning letters before terminating him, unless it will result in an issue in the labor court.

Please let me know if you need any further assistance.

This is incorrect. For an employee who has not yet confirmed, you don't need to serve warning letters. Also, if he is absent from work for 5 days, you have sufficient grounds to terminate his employment. Furthermore, all the appointment letters specify that during the probation period, an employee can be terminated immediately.

He can certainly be fired. Any employee who has signed the 'employment terms & conditions' or employment agreement is bound to behave within predefined conditions. Failing to meet these conditions gives an absolute right to the organization to terminate the employee in question. Filing a legal case is a different side of the coin, winning it another. Don't hesitate to implement your company policies because of such 'no-grounds' legal apprehensions!

Dear Priya,

Under labor law, if a person is under probation and their attributes align with the organization's expectations, the company can terminate the appointment immediately without stating the reason for termination. The purpose of not mentioning the reason for termination is to ensure the individual does not encounter difficulties in future employment, and their prospects for future employment with other companies are safeguarded.

You may proceed with the termination; at the same time, you can request a resignation letter once the individual returns to work.

Thanks & Regards,
Amal Shere

You can if your appointment order says so and also check whether it is habitual absence or occasional. Sometimes it may be absence on medical grounds. You can't take drastic action if it is on medical grounds. Follow the principle of natural justice, send a show cause notice (Registered post).

Regards,

Srikanth

I agree with Mr. Parmar. Even if he is on probation, he must be given due process. First, ask the manager and HR if the employee informed them that he will be absent for 5 days. What is the reason for his absenteeism? If he did not provide the information, give him a letter of "Notice to Explain." He can be charged for Absence without official Leave. After the explanation, it's up to you to decide whether it can be treated as a warning or ending his probationary status.

In our case, the said absenteeism will be reflected in his performance evaluation before his probationary status ends. If his score doesn't meet the required grade, then he will be given a non-regularization notice. Kindly remember that in any termination process, it is crucial to always document everything so you will not have any problems with the Labor court.

Good Day.
Carmie

You can terminate him if he has habitual absenteeism, but you have to issue a warning letter first. Absenteeism is also a misconduct and it comes under the company's standing order.

In my opinion, a guy who is absent for five days cannot be terminated without being given a show-cause notice and warning letters. For example, if someone belongs to a remote village where all communication and postage services are disrupted, or if they have met with an accident and are unable to send a message, termination should not be immediate as they might be caught in a natural calamity.

At least three warning letters (registered) must be issued before termination can be considered.