Sack Employee - During Probation

One of my employee is in probation period, but she has taken almost 45days of leave, due to marriage and other valid reason. She is just 6months old to this organization. Even though it is a genuine reason cos of her absence, work is affected in the org. She is also not punctual. I have told her many times regarding the same. Mgt is also not happy with this. At this situation is it possible to remove her from work?
If yes what kind of letter I can issue her?
Please help in this regard.
Thanking you in advance!

Hello,
Please advice her in writing to improve her attendance. Even then if she doesnot improve her attendance, terminate her employment as she is in probationary period. Before terminating the employment, it is better if you build records for advising.
The below mentioned format may be used to advice her.
Dear______
It is noticed from the records that you are absenting very frequently. Your habitual absence, not only dislocates the work but also affects production adversely
Hence you are here advised to show improvement in your attendance and not to give room for such lapses in future failing which you are liable for more stringent punishmnent, including termination of employment.
Further please note that your attendance will be watched for a period of next one month.

What are the rules of your organisation for probationers?
Call the employee for a formal counselling in presence of her immediate superior.
Bring to her notice the lapses-frequent late coming,absences etc.
Hear her side of the story if any.
Give the employee a warning in writing and take her acknowledgement.
Even if she is a probationer give her full chance to improve and if still no improvement is seen,then cease her employment .
A company should be known as a fair employer and by fair treatment the reputation of the company will improve in the market.

The purpose of probation in most companies is to see whether the candidate is fit to hold that job and whether he / she is proper for the company.
You have already found out that she is a misfit. Her irregular and unpunctual attendance is creating a problem and warnings have had no effect.
So, terminating the Employment makes sense. Since she is in probation, you are free to terminate the employee immediately. You do not need to give reason. Just issue a letter informing her of termination in line with her offer / appointment letter.

Other than the reason you have mentioned above, observe if you are satisfied with the quality of work she does, if her quality of work is good, losing a good employee is not suggested, you issue a letter of warning, an advice as aptly suggested by Mr. Siddeswaram, if she doesn't respond to that just remove her and give opportunity to someone who is in need of a job and interested in working with you........

Your employee has already put in six months of service. If she is treated to be a workman and by virtue of section 38-B of the Bombay Shops and Establishment Act, model Standing Orders apply to your establishment presumably having more than 50 employees, she has already crossed probation after three months of service and is to be treated to be a regular employee. You cannot now terminate her as a probationer. Relevant passages extract is quoted below:

Bombay Shops and Establishment Act

MODEL STANDING ORDERS IN RESPECT OF INDUSTRIAL ESTABLISHMENTS NOT BEING

INDUSTRIAL ESTABLISHMENTS IN COAL MINES]

2(c) A “probationer” is a workman who is provisionally employed to fill a permanent vacancy in a post and has

not completed three months’ service therein.

13. Termination of employment.--(1) For terminating employment of a permanent workmen, notice in writing

shall be given either by the employer or the workmen - one month’s notice in the case of monthly-rated workmen and two weeks’ notice in the case of other workmen: one month’s or two week’s pay, as the case may be, may be paid in lieu of notice.

Supreme Court of India

Indian Tobacco Co. Ltd vs Industrial Court on 23 February, 1994

"Now it is to the establishments where 50 or more employees are employed, does the Standing Orders Act apply treating them industrial establishments within the meaning of the said Act."The Apex Court held that the High Court was right in importing the applicability of the Standing Orders Act and the standing orders to enable the respondent ripen his period of probation to one of regularity after the expiry of three months of successful completion.

Thanks

Sushil

If her terms of employment provides for 6 months of probation period, then she is still in probation. Shop act does not automatically make everyone permanent after 3 months. Further, if unit has more than 50 employees, then the standing orders apply. Even there, if a person has specifically been appointed for a 6 month probation then standing orders do not override that.

Pl refer to decision of 2010 in Raymond v Praful of Bombay HC referring to Indian Tobacco Ltd case of Apex court para 33 holding that probation period more than 3 months provided in model standing orders as applicable is misconceived.
Thanks
Sushil