Probation Dilemma: How to Handle a Marketing Executive's Misconduct and Union Involvement?

During the probation period, a Marketing executive is exhibiting misconduct, showing resistance towards performance expectations, delivering non-productive results, engaging in union activities, and requesting a joint working notice. The options available are to terminate or transfer the individual.

Yes, if you have conclusive evidence to that fact. But the right legal method will be to put him on notice to stop misbehaving. In that, you must cite occurrences of his misbehavior. Also, include a show cause and conduct an internal investigation providing him a hearing according to natural justice. If you still find him guilty, then sack him.

Maybe it is a long-drawn process. If he is under probation for less than six months, there is no need to conduct an enquiry. Put a full stop, but that has to be confirmed after reading the relevant clauses of the appointment order.

In employment parlance, "probation" is the period during which a newly appointed employee's suitability for their job and the organization's work culture is assessed by the employer. It involves several parameters such as punctuality, receptivity to work-related instructions, adherence to the organization's general rules of discipline, maintaining cordial interpersonal relationships with superiors, peers, and subordinates, integrity, honesty, and achieving the desired level of efficiency. If the probationer is lacking in any of these parameters, their probation can be extended to give them an opportunity to correct their behavior, or they can be discharged as per the contract of employment. However, involvement in union activities cannot be considered a negative factor.

Regards

Take recourse to the termination clause of the appointment letter and terminate his services forthwith.

Dear sir,

If probationers are not behaving, working in tandem, or conducting themselves in line with overall performance expectations, and their performance is found to be unsatisfactory, the employer can terminate such employees without any inquiry easily at any time without a show-cause notice, chargesheet, etc., as these procedures are time-consuming. Simply include in the Termination Letter the specific clause number from their Appointment Letter and terminate them.

Regds,

RDS Yadav
Labour Law Adviser
Email: navtaranghrs@gmail.com