Can I Terminate an Underperforming Employee Mid-Probation, or Should I Wait?

Hello Everyone,

I need your advice regarding the termination of an employee on probation. As per our company policy, we have a 6-month probation period. I want to terminate an employee who has completed 4 months of probation and is not performing up to par even after multiple reviews. Can the employee be terminated with a month's notice or a week's notice, or should I wait until the end of the probation period to terminate him?

Kindly advise.

Regards,
L. Nair

An employee on probation should be informed whenever their performance is not up to par and given the opportunity for improvement. This requires proper documentation. Once the employee shows no improvement or insufficient improvement, they can be terminated as per the conditions laid down in the appointment order. There is no need to wait for the probation period to end.

Legal Precedents on Termination During Probation

In Ravindrakumar Misra vs. UP State Handloom 1987, the Supreme Court held that "assessment of service has to be in writing."

In Dr. Mrs. Sumati Shere Vs. Union of India 1989, the SC held that "timely communication of the assessment of work in such cases may put the employee on the right track."

These judgments provide certain guidelines. If an employee, on the last day of probation, is given a letter of termination, then he has a remedy. Similarly, an employee on probation should be given the complete period specified in the contract. Termination in between may be viewed as not providing an opportunity to perform.

There is no judgment to say that a probationer should not be terminated during the period of probation. But one must ensure that their assessment is transparent and they have been given time to correct their performance.

Regards, Sivasankaran

It is advisable to have feedback and performance improvement counseling in place to provide full opportunity for the employee to enhance their performance during the probation period. This approach ensures that termination for unsatisfactory performance during probation is a legitimate exercise of power under the relevant rules.

B. Saikumar

Understanding Probation Periods

Probation is a testing period for both the employer and the employee. The job is assigned to a probationer based on their input at the time of placement and any experience acquired in the past, if applicable.

Before assessing performance, it is essential to provide the probationer with a written job profile to establish a common understanding. Key performance areas and assessment criteria need to be clarified at the beginning and also during monitoring.

Even if the probationer is not performing and has already been informed of this, management is free to take action as per the terms of employment. It is advisable to review the terms of employment and proceed accordingly.

Regards,

Thank you all for your valuable suggestions. Feedback and performance review have already been shared with the employee, so what should be the next step to take? Should I issue a "termination" letter or a "completion of probation period" certificate at the time of relieving.

Termination Clause During Probation Period

Before posting your query, have you referred to the termination clause during the probation period as per the offer or appointment order, which you have not reproduced here for the members to form any definite opinion?

However, if that clause permits you to terminate him before the completion of the probation period, you may do so. Otherwise, act according to the prescribed termination clause. If you still have any doubt after going through the termination clause and want the opinion of the members, it is better to reproduce the clause for reference so the members can express their opinion.