Understanding Probation Periods
The probation period is in vogue to enable an employer to see whether the new recruit is suitable for the post. If he is not found suitable, his services can be terminated. However, as per the principles of natural justice, a probationer has to be given a chance to improve his performance. He should be given different job assignments so that his employability can be properly assessed. Additionally, he should be placed under a different supervisor or section in charge so that bias by the supervisor can be ruled out, or the recruit may, in fact, perform better under someone else.
It is better to give advisory memos to the probationer, informing him about his shortcomings and advising him to improve his performance or behavior. It would be better to extend his probation and give him a chance to improve his performance. If such a chance is given, and the above actions are done, the employer cannot be accused of any illegal action when he terminates the services of the probationer.
Courts generally assess if a fair chance has been given to a probationer and whether the principles of natural justice have been followed. If any further information is required, please contact me.
Regards,
Devdas Uchil, AGM HR, Mazagon Dock Ltd.