Ask to leave an employee who is in a probation period without informing him in advance

Hi,

Recently, the director of a company asked an employee to leave without informing him in advance. The reason the director gave me is that the employee is in a probation period and simply asked him not to come as we are not benefiting from his presence in our system. Is this the correct way to ask an employee to leave? Please share your views.

Thanks

If the probationary appointment letter of this person contains the clause that the services can be terminated by either party without notice and without reasons, then it is legally rightful. Only the manner of asking him to leave is improper. On record, he can be asked to resign instead of terminating him.

The wisdom of doing this is that your judgment about him may be wrong; there is a mismatch between his capabilities/passion and the demands of the job, and perhaps in another nurturing environment, his potential may blossom, and he may succeed, which is why he should not be allowed to leave with any blot.

Regards,
Vinayak Nagarkar
HR Consultant

Hi sir,

Thank you for replying. However, there is no clause mentioned in the appointment. What will be the next legal step an employee can take against the director?

Dear Ankita,

If he falls under the 'workmen' category, he may choose the option of approaching 'Labour' Authorities under the law, alleging illegal termination and seek remedy.

Regards,
Vinayak Nagarkar
HR Consultant