Terminating an Employee Without Notice Pay: Is It Possible During Probation?

Respected Seniors,

Please advise if an employee could be terminated without notice pay (30 days' salary) on the grounds of non-performance during probation or otherwise.

Thanks in advance for your kind advice.

Regards,
Veera

Dear Veera,

During the probation period, an employee can resign without any notice period, and an employer may terminate services without giving any cause or notice. This clause is generally a part of the appointment letter or is included in the standing orders.

Regards,
Col. Rathi

It depends on the terms of the contract. In the Indian operations of my company, we have a notice period of 30 days for those in the probation period as well. Please check the terms and honor them. If there is no notice period for probation, then you could relieve him immediately.

Handling Employee Termination with Care

Termination is always a sensitive topic, and if not handled with care, it can spoil the work culture and overall brand reputation. Make sure you have documented evidence supported by managers and department heads to justify the separation. Also, ensure that the company has given the employee an opportunity for performance improvement.

Follow the terms and conditions mentioned in the appointment order, standing order, or conduct and discipline rules (if any). In addition to this, offer some counseling and career guidance support as well.

Regards,
[Username]

1. During probation, you terminate as per the terms of the appointment letter properly issued to the concerned.

2. Before termination, you must collect the performance report from the HOD concerned. Based on the report, you must also inform them to improve their performance.

3. What is harmful? If you terminate a probationer by paying One Month Basic for the safeguard of any litigation.

Hi,

Before terminating an employee, you should have given an opportunity to improve performance. Please make sure to issue a warning letter to improve performance. Maximum of 3 warning letters can be issued. If you have documented the letters, there should be no issue in terminating an employee, subject to mention in the appointment letter.

Regards, Lalitha

It all depends on the terms and conditions of your appointment letter. Normally, an employee is appointed on probation to give them an opportunity to learn the job. If they are not able to pick up, then another opportunity is given by extending the probation with a cautionary note. If the employee improves satisfactorily thereafter, their services are confirmed. On the other hand, if no improvement in performance is noticed, their services are terminated forthwith. If there is any clause in the appointment letter, then a notice is given or payment in lieu thereof; otherwise, the employee has to leave the job without notice or notice period pay.

Regards, BS Kalsi