How to Properly Terminate a Probationary Employee for Absenteeism and Poor Performance?

Respected seniors, One of our employees is on probation, and we have not yet issued him any offer letter or appointment letter, but we pay his salary through a salary account. The issue is as follows: we have observed the regular attendance record of employees for the last 5 months. It was found that the said employee is regularly on leave without intimation. Because of this, work is affected. Additionally, when he is on duty, he uses his mobile excessively, which results in his work not being completed on time. Despite several oral warnings, he has not shown improvement. Therefore, the CEO has decided to remove him immediately.

Process for Immediate Termination

My question is: What will be the process for this? Can we issue one letter to him and terminate him on an immediate basis? What should be mentioned in such a letter? Do we have to serve him a notice period? Currently, he has not come to the office for the last 5 days. Can we send him an absconding letter and terminate him immediately? Please guide me.

Dear Ejaz,

Have you not issued any letter of appointment, even for placing him under probation? If yes, check what terms and conditions about termination/resignation you have included in that letter. If not, is there a reason for not doing so?

Any reason(s) for not giving him any offer or appointment letters so far? Or is this the standard practice in your company?

Irrespective of what the offer letter says regarding termination, since he hasn't been issued one, I don't think you can take any clauses as a reference to take action. He will obviously take this stand if you begin to refer to the rules/policies.

What's his function? Meaning, in which department was he posted?

You mentioned, "It was found that the said employee is regular on leave without intimation" — I guess this is from the HR end. But then, what was the functional head doing for 5 months when work is being affected until HR found this out?

And with regards to your line, "when he is on duty he uses mobile excessively due to which his work is not completed," here again, why was he allowed to get away with such an attitude for so long?

Hasn't anyone cared to check with him on the reasons for his behavior?

If yes, what was his response? If no, why not? The options you have on the PoA depend on these aspects.

Frankly, I think you have two problems rather than just this one... the second one being why this problem was left to fester for months, when such issues ought to have come to notice and acted upon within a week or so for probationers.

Regards, TS

Hi Ejaz,

From my perspective, the employee is a trespasser as you have not issued him any letter stating he is employed with you. Just giving him a salary through a salary account does not make him an employee. It is very important to give some sort of written communication to every person who is working in your organization. In this case, just keep quiet, and if the concerned person does not show up, let it die a natural death.

Dear Ejaz,

The company can terminate employment at any stage during the course of probation. However, the offer letter/appointment letter should have been issued with acceptance of the terms of employment from the new employee. Legally speaking, there are no defined terms in your case; however, action can still be taken.