Termination Under Probation

Hi all,
Need your advise on the termination of employment under probation.
In our offer letter we have mentioned that an employee would be on probation for 6 months. based on the performance, it can be extended to another 6 months. and on successful completion, the probation would be confirmed.
Now one of our employee was not confirmed after her 6 mnths probation and an extension of 3 months was given still not upto mark and we have extended for another period of 3 months.
I would want to know 3 things
1) instead of giving another 3 months can the management terminate the employee
2) in the event the employee does not prove successful after 6 months of extension can the employee be terminated with just a months clause or with a weeks clause
3) Since our notice period is 2 months is it mandatory for the company to give 2 months notice or terminate by just giving one months notice.
Kindly advice
Regards
K

Hi
Actually when a employee is taken on probation and you are mentioning the time limit for such probation, If he or she does not prove them self during or on completion of such probation period, the appointment automatically ends on completion of the probation period, when you do not give him any confirmation or extension of such probation.
Generally the probation period will for a period of 1 year maximum. During probation no notice period should be there in the terms, as the employee is under testing time. You just ask the employee to leave the job on completion of the probation period, if you are not satisfied with the employee who is on probation. No need for any notice or notice pay on completion of probation and the services not confirmed there after.
Mohan Rao
Manager HR

Thank you so much for the advise. so which means that after the extension for further 3 months if the performance is not satisfactory we can terminate the employee.

Hi
Yes if the performance is not satisfactory, the probation period of 3 months ends, the employee can be relived with out any compensation or notice period, as the contract period of probation is 3 months and it has ended.
Mohan Rao
Manager HR

what if extention of probation is just conveyed verbally.....in that case according to the offer letter.. will joiner automatically be taken as a permamant employee or he can claim to be one ??
what should be the maximun gap period of conveying this after the completion of probation??
Regards,
Swati Gupta
HR Executive

Hi Swati
If no confirmation letter is issued to the employee after completion of probation and he is kept on rolls of the company, it implies that, he automatically confirmed.
There fore with a week's time the probation if at all to be extended you have issue the extension of probation letter in writing, no verbal extension is acceptable as per law.
Mohan Rao
Manager HR

Hi,
if employee performance is not satisfactory, he/she can be terminated during probation also, provided prior information and sufficient reviews of performace.
if person is not working upto satisfactory level after 2-3 reviews, there is no need to continue and spend money on such resource.
regards,
Neesu Sharma

Shrikarbala,
Termination of services in the probation period shouldn't be any problem for employer. In the period of probation if an employee found unsuitable his services can be terminated by quoting the reason and giving notice period as per in appointment order.
Rajen

Hi,
As per Standing order Act, employer can extend the probation period up to 6 months subject to performance of employee & if his performance will not be up to mark for extendable period then employer can terminate the services of employee without any terms & conditions.
Regarding the notice period, I think you should go for appointment letter, because notice period not applicable during the probation period for both side.
Regards,
Dnyaneshwar R Khedekar
HR & Admin

Dear All,
1) If the employee is a workman under the ID act, then we need to keep written documents as a proof of having communicated to him about the poor performance.
2) After one extension of the probation if the employee does not catch up then it is not advised to go for a further extension.
3) The appointment letter has to be very clear about the notice pay during probation and after confirmation. If the notice period during probation is two months then the same needs to be complied with.
4) It is required to make a clear reference of the probation extension given earlier and the verbal warnings if any about the performance in the termination letters.
5) Also it is required to put a clause in the appointment letter specifying that unless confimred in writing the person continues to be in probation.
kind regards
Dayanand L Guddin
HR Advisor
BOBST INDIA