Can Employers Legally Terminate a Probationer Without a Domestic Inquiry?

Prashant B Ingawale
Dear All Seniors,

Termination of a Probationer: Legal Considerations

Can an employer terminate the services of a probationer by giving a reason that they are not found suitable for the position? In this case, is the employer's decision to dispense with a domestic inquiry justified and legal?

Formalities Before Termination

What are the formalities to be completed by the employer before terminating any probationer who is not found fit or suitable by the employer?

Thanks in anticipation.
Gupta VK
Probation Period and Termination

Probation Period literally means and itself is a period to judge the suitability of the candidate for the appointed position. If the terms of engagement allow, the services of a probationer can be terminated without assigning any reason, and no inquiry is required. If charges are leveled during probation, then an inquiry is mandatory. Please note that termination should be conveyed before the expiry of the probation period, and the date & time should be noted from the employee concerned. This is because the principle of deemed-confirmation may not be claimed.

Thanks,

V K Gupta
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