Employee Ignoring Instructions During Probation: How Should I Handle Termination?

One of my employees is ignoring instructions from his immediate supervisor and, ultimately, the director. Can I please receive a letter format to terminate an employee who is currently under probation?

Thank you.

If the employee is on probation and has the temerity to be insubordinate, then there is no need to provide him with a relieving letter. Instead, call him and instruct him to submit a letter of resignation.

Considerations Before Termination

On the other side, please investigate why he acted insubordinately. Were the instructions given illegal or outside the scope of his job? Was he provided with the necessary raw materials, tools, etc., to complete the assigned task? Does he openly admit that he lacks the required skills for a specific activity? Is it possible that you are expecting too much from him?

Do not overlook these important questions. Recently, the Supreme Court has ruled that an employee cannot be terminated for refusing to obey illegal orders. Please consider this before making any decisions.

Thanks,

Regards, DVD

Dear All,

One of my employees is ignoring instructions from his superiors, including the director. Could I please get a letter format for relieving an employee who is still under probation?

Thanks for the reply, sir. I would like to clarify that he does not show respect to his superiors and directors. When denied leave, he still goes on leave. Kindly suggest what steps to take.

Thank you.

If the employee has gone on leave despite it not being approved, you can use the remedy under the law for the same.

Options for Addressing Unapproved Leave

Now you have two options:

- **Option A:** If it's possible, ask the employee to resign as soon as possible. Give him his dues and experience certificate, and the case is closed.

- **Option B:** If you want to follow the book, you can also charge sheet the employee for insubordination and disciplinary issues. However, for this, you will need to follow the procedure by the book. It will take approximately two months to complete the procedure, and if found guilty, the employee can be terminated, or suitable disciplinary action can be taken. But if you wish to opt for this method, then you should ensure firstly that the reason for insubordination can be justified and is valid. To check this, please refer to Mr. Divekar's post wherein he has given suitable questions to be asked to establish the claim.

Please let us know which option is suitable. If you wish to charge sheet, then I can give you the detailed process for the same.

Regards,
Deena Jagasia

Termination of Probation: Legal and Procedural Guidelines

The law, as well as the letter of appointment, would be very clear with conditions pertaining to the termination of probation of an employee who is on probation. In fact, the services of an employee can be terminated without any proceedings in case his performance is not found up to the requirement despite periodic advice/guidance by his superiors. In this case, the letter also has to clearly substantiate the cause of termination of the probation.

Steps to Address Performance Issues During Probation

If the probation of an employee is necessitated by his performance/conduct causing a stigma on him/her, you have to issue him a charge sheet elaborating acts of alleged misconduct and afford him a reasonable opportunity to rebut/defend himself. Even a domestic enquiry will have to be conducted to establish the charges leveled in case he denies them prima facie. Only upon proving the charges leveled can you terminate the probation period on disciplinary grounds.

If you have any further doubts, you can rely on me.

Regards,
S.K. Johri