Can We Legally Terminate a Probationary Employee for Poor Performance with Notice Pay?

MRajesh
One of our employees, appointed as a QC Assistant, is on probation for six months. The management wants to terminate him due to poor performance. Would there be any legal dispute if we terminate him with one month's notice pay? It is clearly mentioned in his appointment letter that his services are liable to be terminated during the probation period with either side giving one month's notice.

Please advise.

Regards,
Rajesh
samkaria@rajesh
Yes, you can terminate him by giving him one month's salary in advance, as you mentioned there is a clause in the appointment letter. However, termination cannot be the solution.

Ninety-five percent of companies do not follow this procedure. This is a total failure of the company. Let me explain:

1. During the interview, what is your judgment for appointing a person?
2. A lot of money is spent on conducting interviews.
3. Time spent on conducting interviews.
4. Reimbursement after the interview, and so on.

It is very difficult to appoint any person, but termination is very easy.

What to Do:

You just need to give him a memo from the company's side stating that his performance is not satisfactory after the completion of the probation period. He has to submit why the company should continue his job. He must submit his answers within three days to the concerned person.

After submitting, you can extend his duty for the next three months by giving a memo stating that his performance must improve and it should be judged after three months.

Termination is not the solution. Most companies follow this rule.

Regards,
Rajesh Samkaria (Safety Officer) Amtek India Ltd [Phone Number Removed For Privacy Reasons]
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