Curious About Probationary Termination? How Does the Process Work?

Hello Everybody, I just want to know the process of termination during the probationary period. Please help me.

With Best Regards, Irin

Before terminating, you should provide all possible avenues to improve the performance of the probationer. If they still do not show improvement, you should communicate the same to them both orally and in writing.

Reference to Mr. Prashant's views, a look at the decision of the Punjab and Haryana High Court in President, Vidyapeeth v. Presiding Officer decided in 2013 can be given. However, as per the Delhi Shops and Establishment Act, if a probationer who is an employee has completed more than three months of continuous service, he shall be given one month's notice.

Thanks,
Sushil

In your appointment letter, it should be clearly mentioned that there is no notice required from either the employee or the employer. It is for both parties to decide whether to serve notice or not. I completely agree with Mr. Prashant's opinion.

Definition of a Probation Period

A probation period is defined as a temporary employment phase where a person is employed against a clear-cut permanent position in the organization after undergoing the hiring procedure. Usually, this period lasts six months, during which the employee must render services to the satisfaction of the employer.

Now, the clause "to the satisfaction of the employer" is very difficult to interpret. It is often unclear what will satisfy the employer, and mostly, the employee is not promoted to a permanent position if the company does not want them. This can happen by giving a week's notice or a month, as the case may be, even without providing any valid reason for the decision.