Is It Fair to Include Probationers in the Confirmation Process? Let's Discuss the Pros and Cons

Appraisal Methods and Confirmation Practices

Appraisal can be done either one-on-one or through 360-degree feedback involving all departments after 6 or 12 months of confirmation. However, confirmation occurs following an evaluation of performance and conduct during the probation period, typically carried out unilaterally by management or at the manager's discretion.

Historical Use of Confirmation

Historically, confirmation has been utilized as a corrective measure for instances of 'wrong-recruitments' or to maintain labor counts below eligibility criteria. If HR is employing the appraisal form for both parties in the context of confirmation, I am curious to know if this practice is appropriate.

The process of probation

The process of probation ends with either the confirmation or termination of the probationer at the end of the period. At times, it results in an extension in deserving cases where the probationer is appraised of their performance and informed of the expected areas of improvement. In other words, it involves a subjective assessment of certain objective aspects of the performance and personality of the probationer by the employer. Therefore, it cannot be a matter of deliberation or open discussion between the assessor and the assessee.

Concepts of appraisal

Concepts of appraisal are not rigid. Instead, they are linked with the nature of the business, type of employee, etc.

Feedback from probationers

You can decide whether you need to take feedback from the probationer. In general, HR informs the candidate of the confirmation. It is unlikely that the employer will refuse. If the employer was not happy, the employee would leave anyway. If you decide not to confirm the employee, then just inform them of the reasons so they can improve. However, you are at liberty to terminate without reason as well.

Role of employee input in confirmation

You will rarely have a situation where an employee's input decides whether they will be confirmed or not.

Understanding the Probation Process

The probation period is essentially a trial phase for a new recruit before they receive confirmation of their employment. If the recruit is deemed suitable during this trial, a confirmation letter is issued. Often, candidates are confirmed well before the probation period ends. During this time, probationers are informed of any shortcomings and are asked to address them. If shortcomings are identified, the probation period may be extended as a final warning. If no improvement is observed, termination may occur. Generally, probationers are excluded from the appraisal process, unlike regular employees. A well-established system ensures an organization's stability, which relies on the HR department's outlook and perception. We conduct daily assessments of probationers, informing them of their shortcomings and advising them on corrective actions.

The Role of Intentions in Employment Practices

The process, the theories, and the principles are never wrong; it is the person, their intentions, and the method of implementation that decide the outcome. Some companies use it diligently, while others utilize it as a tool to meet their ends.

In some companies, people are hired to fill permanent vacancies, and when their requirement is fulfilled, they are let go. It is a matter of intentions only.

We encounter many problems on this issue in this forum. This will continue to happen, and probationers will continue to be exploited.

Warm Regards,

Bharat Gera
HR Consultant
[Phone Number Removed For Privacy-Reasons]

Termination of Employees on Probation

Many seem to hold the opinion that an employer has the liberty to terminate an employee on probation without providing reasons. But is this truly the case? Employees on probation are, in all aspects, similar to permanent employees on the rolls. Therefore, the disciplinary or warning procedures should apply to them as well. Even if your appointment letter states that an employee can be terminated during the probation period without assigning reasons, will this hold up in a labor court?

Please clarify the above, as we also encounter cases of non-performance during probation.

Warm regards,
GP

Dear Ms. Gayatri, I think that your natural sense of justice and equity against the practice of termination without assigning any reason prompts this question. The comments of our learned friend Mr. Bharat Gera also incidentally fortify your opinion. With due regards to the observations of both of you, I also would second them only to the extent that there are men and men.

Holistic assessment of a probationer

Here, the discussion is about the holistic assessment of a probationer and not confined to performance alone. Work culture differs from organization to organization. The personnel in any organization act in tandem as a task or functional group despite the presence of individual differences. So, cohesiveness of the group is always more important than any other thing in a group task. Cohesiveness is possible only when there is unity of purpose, unity of thought, and unity of action among the individuals constituting the group.

As a novice to the job and as a new member to the organization, a newly appointed person needs some time to familiarize himself with such aspects of his new lease of work life. This is the phase of probation in his employment during which he is under the constant scanner of his immediate superior or employer depending upon the strata of supervision and control. One may be a star performer as an individual but he may be a failure in his interpersonal relationships with colleagues and superiors or lacking in aspects of punctuality or situational adjustments.

Purpose of probation period

No scrupulous employer hires a new talent for the purpose of firing after a short spell. That's why I've described probation as a subjective assessment of certain objective aspects of performance as well as the personality of the probationer by the employer. If these shortcomings in the perspective of the particular employer are cited in the notice of termination, certainly it would affect his employability elsewhere in the future. That's why such a clause of simple discharge or termination in the contract of employment in respect of probation is recognized in the realm of employment as well as in Judicial Scrutiny.

Dear Gayatri,

In reality, the scenario is not such that termination is done at the liberty of all employers. This has also been stated by our seniors. Employees who are in probation seldom approach a court of law if terminated suddenly, the reason being the time and financial loss that the litigation involves. Instead, they can proceed to search for a new job avenue, which is happening in reality.

Thank you for the detailed clarification. I need help with the following situation.

Sometimes it becomes difficult to face a situation when your business head finds a new joiner incompetent after 2-3 months, despite clearing the functional test, interview, HR interview, and reference checks. Business heads may also feel that since someone is on probation, they can be easily terminated. I am raising this query as, although many times the new joiner agrees to resign, as rightly mentioned above, there are certain tough nuts who ask you to terminate them. In that situation, can you terminate someone immediately by providing notice pay as per the terms of the employment contract? Generally, the appointment letter includes a clause that during probation, one can be terminated without notice or assigning any reasons. My question is, can this be really put into practice if the situation arises, especially in the case of a non-managerial level employee?

Warm regards,
GP

"Even if your appointment letter mentions that an employee can be terminated during the probation period without assigning reasons, will this be admissible in a labor court?"

Natural justice and probation

The concept of natural justice is always upheld in cases involving employees on probation. As long as the employer has cautioned the probationer, trained them adequately, and still there is no progress, the employer can discharge them without any stigmatic remarks. Courts will not interfere in such cases, especially if the employer has maintained all documents regarding progress or lack of progress, counseling, training, etc., in an authentic manner.

Purpose of the probation period

The purpose of the probation period should be clearly understood: does the employee fit in all respects, and for the employee, he/she can see whether this company is suitable for them.