Can We Terminate an Employee During Their Probation Extension? Seeking Advice from Experienced HRs

Hi Seniors, please advise if we can terminate the employee during the probation extension period. Awaiting your valuable feedback.

Thanks & Regards,

In order to terminate an employee, you must provide a valid reason for the termination. If you have decided to extend the probation period, it is essential to document the reasons for the extension. If an employee does not meet the expected level of performance, you may terminate their employment by providing the required notice as per the terms of the contract.

Thank you for the reply. Recently, we have given an extension to one of our senior salespersons due to poor performance during the probation period. We are considering if, during this extended period, he continues to underperform, can he be terminated? Or does this extension imply that we should give him another three months to improve before deciding on termination?

Thank you for the reply. Recently, we have given an extension to one of our senior salespersons due to poor performance during the probation period. We were thinking, if during this extension period he is still not performing up to the mark, can he be terminated? Or does it mean that if we have given him an extension letter, then we should try him for another 3 months and then terminate his services?

Many companies specify in their employment/HR manuals the details regarding probation and extended probation. For what duration has the probation been extended? I believe, on a positive note, it's best to wait for the period to at least come towards the end. Then, you can have the upper hand by stating that you've given him all the chances to prove his ability, but he has failed to make a mark, so you would like to end the relationship here.

Regards

You can terminate his services based on poor performance during the probation extension.

Regards,
Vinod Bidwaik

We have extended his probation for another 3 months. My concern is whether we can terminate him during this period.

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Yes, you can. Please give him the letter mentioning his last day in the organization.

Regards,

You should terminate him on the last day of the completion of probation. Please note that when you appoint a person on probation, you agree to observe him for a period of time. When you extend, it implies the same. That means the contract expects you to observe him until the last day. Hence, the date of termination should be the last day of probation.

Regards,
T. Sivasankaran

Even I have a question regarding the same issue, so please guide me! In my company, one of my colleagues was terminated on the spot because management was not satisfied with her work.

Question on Immediate Termination

So, my question is: Can a company make on-the-spot decisions like this if an employee's work is unsatisfactory? Or should the employee be given a warning and a specific time limit to prove themselves?

Thank you.

Hi Sneha, The answer lies in the company policy, so it would change. To give you a general idea based on the new HR Manuals that I've gone through so far: If an employee is under probation, the employer/employee can terminate the employment with immediate notice with or without reason. However, if the performance is not up to the mark, the employer reserves the right to terminate the employee with or without notice. If termination is due to misconduct, there is no notice, and this reason/misconduct is stated in the letter, which would be like a red mark for him/her. Hope this helps.

Regards,

Natural Justice in Employment Termination

In whatever circumstances, the principle of "Natural Justice" should prevail. Most appointment letters state, "termination without notice if your performance during the probationary period is not satisfactory." To set the record straight, it is always safe to:

1. Issue a caution notice to those underperforming during probation through a mid-term review, providing an opportunity to improve.
2. If still lacking by the end of probation, consider extending the probationary period, with a clear mention of consequences if performance does not improve.

Taking action like this before termination allows the records to speak for themselves. Providing the probationer with an evaluation report at the time of extension can help them focus on areas needing improvement.

Regards,
Kumar S.