Is It Okay to Fire an Employee on Probation with Just One Day's Notice?

Is it compulsory to give a notice period to an employee on probation? Can we just fire him on one day notice only?

Hi Vineet,

It also depends on company policy! My company states that a probationer has a 15-day notice period, while a confirmed employee has a 60-day notice period. If your company does not have such a policy, you can proceed with your decision.

Vineet,

It depends on your appointment letter. Most companies will do it in one day. However, it would be helpful if you could provide us with more information on this.

Why do you want to fire the employee?

Regards,
Shiv

Dear Vineet,

Reply to your post:

You should have mentioned the termination clause in the appointment letter for both probationary and confirmed employees. Please follow that.

A few thoughts:
1. Why did you hire to fire?
2. Is it due to a loss in business?
3. Or is it totally based on his nature of the job?

If the reason is the second one, it is a challenge that the whole world is facing. If it is the third one, I really feel sorry for him. I suggest you have a strong recruitment policy so that it will not affect anyone's career. Remember, hiring and immediately firing is not a good practice.

Regards,
Shiv

Hi Vineet,

To fire a non-productive employee, it is not the correct way to ask him/her to leave in one day. He/she can counter you back that he had received no feedback for his non-performance.

Please follow these steps before terminating:

1) Issue a warning letter to the employee stating his/her non-performance, along with the relevant data supporting your statement.

2) Put the employee on a Performance Improvement Plan for 15 days.

3) Provide definite targets to be achieved during this period.

4) Include a clause in the Performance Improvement Plan that failing to meet the targets can lead to disciplinary actions or termination.

5) If the employee achieves the target or more, give them a second chance in your company as they are genuinely trying to improve.

6) If the employee falls short of the target, ask him/her to leave the organization.

"Thanks all, We want to fire the employee as he is non-productive. We do not have any policy on this.

Vineet"

Hi Shiv and Pankhuri,

Thank you for your reply; it was really useful. In our organization, project managers typically just email the HR department to terminate employees they deem non-productive. We do not include any specific mention of this in the appointment letter. We will work on incorporating these changes into our system.

Thanks,
Vineet

Vineet,

You have no policy on this... strange! Then you can think about the standard of your company. Why are you hesitating? This is a story like a tea stall. The stall owner can dismiss his helper without any notice because he has no policy.

Dada

Vineet,

Pankhuri is right, but 15 days is very short to prove performance/non-performance. You need to give him 6-12 weeks' time to improve his performance.

Regards,
DB

Dear Pankhuri,

Is it compulsory to give time for improvement during the Probation Period?

Vineet

I think that there is no need for any such type of notice because it's a job like a trainee. So, if you are not confirmed and the company gives you an offer/appointment letter mentioning their probation period, there is no need to apply for a notice application as per the act/rules. You can fight from the lower to the apex court for existence.

AKB

Dada... ha ha ha ha. Thumhitho DADA (Ganguly) in aggression.

Vineet, Please try to make basic policies for your company. You can gather a lot of information and support from this form to do so. Put in your efforts so that it will not result in firing. Let me share one thing with you: Put yourself in the employee's position (the one you intend to fire) and proceed with the rest of the process.

Regards,
Shiv

Yes baby

Please try and understand that Hr plays a major role in employee welfare and securing their interest.... See I want you to understand you are a representative of all those employees who are working in your company...

Asking someone to leave in one day is in- humaniteranian and unethical also, so the question of probationer or confirmed doesn't comes here at all.

Play a role of bridge between your management and employees whenever you find there is something going wrong against the values put your foot down and explain people a correct process to follow......

Make processes and implement them.

Is there any reason for notice? Can management review the PIP (Performance Improvement Plan) without any commitment? If you fail to achieve, they can.

Regards,
Nirav Bhatt
Trainer

It will depend upon the agreement that you have signed up with the employee during his joining. If there is no such agreement formed, or if there is no clause mentioned in the appointment letter, then you can ask the person to leave. It is always advisable that you should execute an agreement beforehand for every professional relationship.

There is no need to mention the lack of performance and all those things because nowadays employees are too smart to understand these initiatives. With this kind of market scenario, it's even easier for you because you can clearly state the reason as redundancy is being poised. However, it's been very harsh and rude on our part to even address, but this is our job and a part of our work for which we are paid.

It depends on the company's policy. Normally, during probation, no notice period is required. However, as a goodwill gesture, you may decide to give a week's notice or pay in lieu thereof if your company agrees to such consideration.

B. Dakshina Murty
Manager - HR & Admn

Dear Vineet,

First of all, as HR/training practitioners, if we continually focus on hiring and firing and use harsh terms like "termination," it reflects that we are under significant stress and overwhelming work pressure that we are struggling to handle.

Vineet, the way you initially sought help implied one thing, but as more responses came in, it appeared that something else was going on (potentially considering terminating someone).

If you find that a newly hired employee is unproductive, it may indicate (in my personal opinion) several things:

1. The selection process may require adjustments.
2. Evaluate the efforts of your training/HR department in enhancing the skills and capabilities of the new employee.
3. It seems like you might be rushing the new hires to perform immediately from day one or within the first month or two. Consider providing them with space, orientation, and exposure.
4. If you adopt a hire-and-fire approach like this, no new hire will be able to work wonders for you. Therefore, there are limits, and even aliens would not work for you.
5. You do not have the right to play with someone's career. Think about how you would react if someone with 2 to 6 months of experience or a history of frequent job changes approached you. Wouldn't it seem like the person is disloyal or may have personality issues, feeling insecure about hiring them? Shouldn't HR practitioners also take some responsibility for job-hopping and employee turnover situations?

I suggest taking some time for self-reflection, learning effective hiring techniques, and perhaps bringing in a skilled trainer (soft skills) from a different background.

Please consider these points for reflection and improvement in your HR practices.

Warm regards

Hi Vineet,

I think you can go according to Pankuri's suggestion. Firstly, if a person is fired during his probation period, which means within a very short duration, then there is some problem in the recruitment policy. So, I suggest your company has to improve that. Moreover, during the probation period, we couldn't expect much from employees as you mentioned it's a training process for them. Therefore, before taking any action, put yourself in their position and consider giving a notice. I think you can give him notice and provide him with 30 to 45 days to improve his performance. If he does not improve, then you can terminate him. Terminating an employee immediately without giving any notice and putting him under trouble is bad manners. At least one chance/opportunity has to be given for every mistake, where he can improve himself.

That's okay if you are looking for productivity from organization's prospective. The end goal of every business is Profit, hence productivity is very important. But do remember your KRA's too; I guess you are from HR Depart. and company has hired you for better HRM.
If you would support hire and fire policy, other employees would also feel insecure thereby leaving the organization as and when they get any alternative. Finally it's going to affect your productivity by high attrition rate and loosing good people.
I liked suggestions by tPankhuri; this should have proper transparency in the system.

It is all based on what is mentioned in the Appointment Order. Is there any clause in the appointment order regarding the notice period.

Dear Vineet,

It totally depends on your appointment terms and conditions. If the management has specified a notice period, then you must adhere to it. Otherwise, you can resign within seven days; however, this also depends on your profile. I recommend discussing this with your HR Manager. If they agree to a shorter notice period of less than seven days, consider yourself fortunate to have a quicker exit.

Jayant

Hi all,

Actually, most replies have '15 days' as a time period (which is the bare minimum). Can anybody shed light on why it is '15 days' only? I mean, is there any law stating it or any other substantiation?

Dear Vineet,

Ethically, you should let the person know that their performance is not up to the mark and that they need to improve in specific areas. If they fail to show improvement, then you may need to take the necessary action. This is important because there are various repercussions beyond just termination, such as the impact on the company's brand image.

Thanks and regards,
Richard

Hi,

In our organization, it is not necessary for an employee on probation to give advance notice for resignation or termination.

ABKhan

Dear Vineet,

Notice period not required since the employee is not confirmed. Otherwise, there is no meaning of probation only.

Vishnu Pryal

Yes, you can fire with one day's notice, but before firing, have a look at the company policy. If nothing is mentioned in the policy, then there are no issues.

Re: Hire and fire

First, the company has to adhere to the standardized HR policy manuals and procedures. If they are not in place, they should be implemented.

Any employee who does not meet the required standards can be given a chance to improve their skills. They may be provided with training or workshops tailored to their skill set or area of work.

At any time, termination should be the last resort. An employee is an asset to the organization. Even if they are performing below standard, with improvement, they could contribute to the profits of the organization.

Essentially, HR should focus on employee welfare and improving their skills if they are underperforming, rather than resorting to immediate termination upon identifying performance issues.

Ultimately, the goal is to provide opportunities for the employee to raise their standards. If improvement does not occur, addressing the significant issues promptly and informing the employee about their poor performance should be prioritized before considering termination as a final option.

kb

Every clause related to probation and confirmation is clearly stated in the appointment letter, get it checked.

Hi,

It is totally dependent on the company policies. It has to be mentioned in the appointment letter as 1 month notice for the confirmed employees and 24 hours for the employees on probation.

Dear Vineet,

As per my knowledge, you would have to refer to your company's appointment letter content given to the person during the time of appointment. Also, has he been warned on occasions?

Regards,
Lily.

I do agree with Pankhuri! We must review the Performance Improvement Plan and then take action.

Regards,

Nirav Bhatt

Dear Vineet,

You can fire him as he is on probation, provided you have not mentioned any terms in the joining letter. I personally give at least three chances to improve or get corrected. Try to understand being in his shoes. If the attitude is wrong, only God may help the poor chap. But many times there are personal problems. Try to give sympathy and solve the same. You will get fantastic returns not to be counted in money. Just try.

My experience is very good. :icon1:

Best of luck.

Hi,

I am working in an MNC company as an accountant. Can somebody please share the updated income tax rules, FBT rules, and Service Tax rules? Thank you.

Please review the termination clause in the Appointment Letter. Ideally, the Employer should provide 1 month's written notice before termination, even in severe cases.

Dear Vineet,

It depends on what is described in the appointment letter. In our company, we specify that no notice period will be given if an employee is terminated during the probation period.

No, this is not called genuine. At least give some time to that person to find a suitable job. Give him/her one month's notice and then fire the person. This is an unethical practice to do so.

Hi Vineet,

Yes, you can fire the employee without giving any notice period because every company has their own policy to be followed. If the employee is a non-performer, you can fire him immediately. But before firing him, you should give him some chance to prove himself. Even after he doesn't, you can do it. This is because it affects the image of the company, and employees feel insecure to work in such an environment. So please make sure you have given a chance to the employee to show his best; that is very much important.

Regards, Ramya.R

Dear Shiva,

I very much agree with you that remembering hiring and immediately firing is not a good practice. But if employees don't perform at all, what is the use of keeping such individuals in the office? It's really a waste of time for both the employee and the employer, no matter what the best recruitment policy may be. Personal interest in work is very important. I have personally had some good experiences where people who performed well in interviews couldn't prove themselves after 4 months.

Regards, Ramya.R

Dear Ramya,

I agree with you. Can you please type in full words? This is not chatting.

Regards,
Shiv

It completely depends on the agreement that you formed with the employee during his joining. If there are no such bindings from the company, then you can ask the person to leave.

But it should not be done as it feels rude to ask somebody to leave, especially without any prior intimation.

Regards,
Robin

It depends on the terms and conditions of your company, as it varies from company to company. I recommend reviewing the appointment letter provided to the employee. You could consider offering an alternative approach by giving him some time to adjust and explaining the situation to him. Being new may be a reason why he is not performing well. Remember, firing is not the solution to improve performance.

Hey Vineet,

I don't think it's possible to fire anyone on a day's notice, even if the person is under probation. You are required to provide a notice period before firing, as mentioned in the "letter of appointment" of the employee that they receive at the time of joining. But it seems like you're quite in a hurry to hand over the pink slip to someone... 🤔👊

Even if there is such a policy, don't worry! You can go for immediate leave by 'fabricating a reason' (medical, etc.). You can send an email to request immediate leave. After getting it approved, or even if not, you can send a resignation email. They (your current organization) can do nothing. Even if they pursue legal actions, you are safe because your leave must be considered as the notice period.

It depends on the appointment letter you have issued. If the appointment letter specifies 24 hours, then yes. If nothing is mentioned, then to be on the safer side, give him a week's notice. That's acceptable.

Hi,

The probation period is the period before confirming an employee based on his/her productivity. Depending on your letter of appointment, appropriate action shall be taken. As a good HR professional, issue a warning letter (if the reason for termination is minor and amendable), and then in the second phase, you can release the worker from the unit.

In case of any disciplinary action as outlined in your standing orders or for any major offenses such as theft or sexual harassment, that worker can be terminated with one day's notice.

Feel free to contact me anytime.

RG Singh

Hi,

What do you really mean by probation? Probation is nothing but a period during which we assess if the person faces any challenges that hinder them from performing professional work. If the individual fails to meet expectations, you can terminate their employment. However, companies typically provide a notice period as a humane approach to allow the individual time to secure another job.

Regards,
SHYAM

Vineet,

It is not possible to relieve an employee immediately; however, you can stop him from working with immediate effect and explain the circumstances to the employee before relieving them. Please understand that labor laws in India are well formulated, and it is essential to abide by them. Many organizations hire/fire without meeting statutory compliances, and all these organizations will soon face legal consequences.

If you have a qualified labor consultant in your organization, please authorize them to handle this matter. Otherwise, hire a labor consultant who is duly qualified in labor laws to manage the situation. It is unfortunate that 96% of our HR brotherhood do not apply what they study or remain updated when they hire/fire employees.

Arokian

A lot has been said. You should look at all options to give him/her a chance, and if you have done so to a reasonable extent in the past, you can fire him by paying his notice pay (1 month) or as it is prescribed under his contract of employment.

Saurabh

Dear,

If notice period details were mentioned in the appointment, then you have to give notice period according to your company rules. Otherwise, there is no requirement for the notice period, and you can dismiss his service for misconduct or indisciplinary behavior.

Regards,

Amrish Singh Raghuwanshi
Email: amrish.hrnatrajfoods@rediffmail.com

When an employee is on probation, there is always a risk of termination, no matter what the reason is. In some cases, even billable employees are asked to resign forcibly without being given any notice period, so think about the one who is on probation. Such worst situations have been more frequent in the past year.

It would be unethical on your part, my friend, if you don't give a notice period. It will reflect poorly on your character. You may be angry with your employer, but we should not tarnish our reputation. Therefore, please provide one month's notice period before leaving the organization.

Thanks,
Ajit Shah
9987389930

It will be as per the terms of the appointment letter regarding Notice Period or Notice Pay.

Also, it is always safe to issue him 2 warning letters regarding non-performance, clearly mentioning that underperformance can lead to disciplinary action, including dismissal.

Please analyze the reasons as to why you need to fire him. Is it due to the downturn or non-performance from his side. As HRs, we should first try to improve his performance.

Hi Vineet,

It depends on the applicable laws and if you have mentioned it in the appointment letter. For example, the Punjab Shops Establishment Act provides for 7 days of notice if the employee has been in employment for less than 3 months. If employed for more than three months, the employee should be given at least 30 days' notice or salary in lieu of that.

You may terminate an employee for gross misconduct without any notice and without any salary in lieu of the notice period. Please provide the relevant details so that I can offer you an exact solution.

Thanks and regards,
Govil

It depends on the company policies and the termination clauses mentioned in the terms and conditions documents signed by the employee upon joining. Usually, they are designed in such a way that the probation period is meant to understand if the employee is capable of becoming a permanent employee, and if not, they can be fired. It is also important to consider the reason for termination.

Do you expect your employees to pay a service period if they decide to quit during probation?

Hi Vineet,

As far as the policy part is concerned, if you don't have any clause in relation to termination during the probation period, then you can review past practices of your org. in this regard or simply go ahead with firing the person. However, it would be unethical and certainly not an HR's approach to tackle such matters. Rather than jumping to conclusions, try to find out the actual reasons responsible for his poor performance. Have a one-on-one discussion with the employee in question and lend out a helping hand to sort out his problems. Look at this issue from different perspectives and don't rely solely on his departmental feedback alone. At least, for the initial few months, an employee's performance is a sum total of individual caliber, seniors' guidance, and work culture. Consider all these factors and proceed as deemed fit.

A probationer has no lien on his employment. He can be terminated immediately by giving one month notice period or salary in lieu of notice period (which is given) as per the appointment order. The law says that while terminating a person on probationer, there should not be any "stigma" attached to it. The draft of the letter of termination should be simple without stating any reason. If a stigma is attached, a proper enquiry should be conducted, and only then can we terminate an employee. If that is not done, it can be disputed in a court of law.

Dear Vineet,

Even if you don't have to give him one day notice, it is only for courtesy. But why has such a situation come up, please analyze. For an employee or an employer, it is not a good sign.

Regards,
K. Venkatesh Prabhu

Dear Vineet,

It is important to review the terms and conditions of the employment agreement/contract or Offer Letter that your company may have entered into with the employee. If there is a clause or provision in the said Agreement/Offer Letter stating that the company can terminate the employee's service at its discretion without providing any notice but by paying one month's salary, then you may proceed accordingly. You can provide one month's salary in lieu of the notice period and then terminate the employee's service. Otherwise, adhere to the notice period stipulated in the agreement/contract.

Thank you.

Hi Vaneet,

Please refer to your query. I would like to add that an employee on probation can be fired at any time if he/she is not performing up to the expectation level of the management. In such cases, no notice period is required. You can even fire him/her on the same day.

Furthermore, if any clause regarding the termination of an employee during the probation period exists in the appointment letter of the concerned employee, then it must be considered before terminating the employee.

Regards,
Paramjit
(paramjitnanda@gmail.com)

Vineet,

It depends on your appointment letter. Most companies will do it in one day. However, you have to give him a chance to improve before firing him.

Why do you want to fire the employee?

Regards, Sudam

Hi,

Since the employee is in the notice period, you can fire him without notice, but this is applicable only when the employee creates serious damage to the organization or culture. When you want to terminate an employee just because of no business/project, you need to give one month's notice/salary. Let me know if you require any other information.

Shiva Prasad Nallareddy
HSBC Global Technologies
Hyderabad

The company's policy and the agreement with the employee serve as a basis for deciding whether the employee on probation can be given a day's notice. The company can give a day's notice in the absence of a clause in the agreement or policy.

Dear,

Please do not play with anybody's career or job. Please remember tomorrow it may be yours. Do not throw stones at his food. God is there.

Just depends on company policies. If no policy is defined for it, you can take a step anytime. If possible, give him/her a second and last chance, but tell him/her that this is the last chance.

Yes, it all depends on the appointment letter's terms and conditions. In most companies, during probation, there is no notice period.

You should verify your appointment letter as well as the provisions in the "Company Standing Orders." Only as per the clauses mentioned in the above two documents, you could fire him. Usually, it is a one to three-month notice period.

Hi,

In terms of corporates firing an employee without giving notice may be right. However, as per the Workmen's Compensation Act and Labour Laws, it is illegal. Please refer to his appointment terms and follow the local labor law to terminate him.

My suggestion is to put him on a Performance Improvement Plan (PIP) and set a time frame. If there is no improvement, you can then insist on resignation.

Stay cool,
Srini

Hi,

It all depends on company policies whether you can fire a person within a day or give him/her notice.

I think there is no notice period during the probation period. It is just a testing time, and both the employee and employer have the right to end the work at any time during this period.

Thank you all,

I received responses both in favor and against. However, I would like to clarify that there is no clause regarding probation in our appointment letter. I have communicated this to the managing director, to whom I directly report, and he mentioned that he does not want to be involved in notice periods. Therefore, no notice period should be given. Is that correct?

Vineet Saini

We should follow the law of natural justice. It is not ethical to fire an employee on short notice, even during the probation period. It is rightly said that the concerned employee must be given adequate opportunity to improve performance. If the concerned employee takes the matter to the labor court, it will be difficult for you to prove non-performance. Hence, it is suggested that the concerned employee should be given at least one chance for improvement.

Ravi Varshney

When dealing with a probationer, it is essential to ask them to perform tasks that they may struggle with or have failed to accomplish. Only when you have given them the opportunity to improve and they still cannot meet the required standards should you consider terminating their employment. However, it is crucial to adhere to the principle of natural justice by providing a written notice of the decision.

Please let me know if you need further assistance or clarification.

Mr. Pankhuri is right; give the employee a second chance before making a final decision. Try to obtain 360 feedback from the HR side. Usually, when the relationship between the boss and subordinate is not good, the boss tends to present a biased view.

Discuss with the employee, put them under observation, and if possible, assign them to a different line manager or supervisor. Monitor their performance, and HR should also observe closely during this period.

This practice will establish good HR procedures and boost confidence among other associates about the company. Provide at least a month's time for improvement before considering termination. It's not just about the employee's career but also about fostering confidence among the rest of the team.

Regards,
R Sudhakar

Hi Vineet,

To dismiss an unproductive employee, asking them to leave abruptly is not the right approach. The employee may argue that they received no prior feedback on their performance issues.

Please follow these steps before termination:
1) Issue a warning letter to the employee outlining their performance concerns with supporting data.
2) Implement a 15-day Performance Improvement Plan with specific targets.
3) Set clear goals to be achieved within the given timeframe.
4) Include a clause in the plan stating that failure to meet targets could result in disciplinary action or termination.
5) If the employee meets or exceeds the targets, consider giving them a second chance as they are genuinely making an effort.
6) If the employee falls short of the targets, ask them to leave the organization.

Thank you.

Everybody wants a secure life and employment, and it is not fair practice to remove an employee's employment with immediate effect. When you select somebody, you should consider all the attributes of the person before selecting and offering them employment. Start with a six-month training period, followed by a six-month probation period. If the individual proves to be suitable, then confirm their employment. During the training or probation period, there is no need for a notice pay.

Also, consider how you would handle the same situation yourself.

Hi,

Before venturing into the aspect of firing a person without notice during probation, one should judge the period of probation that has lapsed. The law is very clear that if a person has put in continuously 6 months of service, his services can be terminated with one month prior notice or one month pay in lieu of notice. So if a person on probation is fired before the completion of the 6-month period of service, he need not be given notice. Think it over.

Regards

Hi all,

I have made some changes to our policy. Now, we have the following guidelines:

- 15 days training - termination without notice.
- 3 months probation - termination with 15 days notice after giving a 15-day improvement period.
- Confirmed employee - one month notice.

If there are any suggestions for changes that need to be made, please let me know.

Thanks,
Vineet Saini

If I want to be a member of a marketing team, I must start working as a medical representative to transition into marketing. Can you please guide me on the correct steps to achieve this? Thank you in advance.

Too many emotional and stereotype preachings/replies (probably posted by members who have a short span of working experience of facing such situations).

Ritedarong has put it correctly.

My experience and understanding say that the initial period of probation has more responsibility on the candidate to prove his suitability to actual job requirements. This is the period where HR and Operational Boss have full responsibility to facilitate this process of induction training.

While saying the above, in my opinion, if Management (to be specific his Boss, who is the on-the-job trainer) discovers any lacuna in his conduct, character, or capabilities, they should be prompt in taking a decision of shunting the fellow out. Rest all departments (including HR) should not be much considerate at this juncture and facilitate the decision.

However, if the immediate Boss fails to identify any negatives in the first 3 months and suddenly says fire the trainee, then the Boss should be taken to task.

The above is a transparent method that puts positive pressure on both parties, and usually, outcomes are positive only.