Can an Employee Be Put Back on Probation for Misconduct After Confirmation? Seeking Advice

Respected Professionals,

Your expert views are required for the scenario below. If an employee displays misconduct or a negative attitude, can they be returned to their probationary period even if their services have already been confirmed in the organization? If yes, kindly provide reasons for this action. Additionally, please advise whether the benefits typically given to confirmed employees will be provided to the employee during the probationary period, considering that benefits are usually granted post-confirmation.

Thanks & Regards,
Abdul Basit

Employee Probation and Misconduct

In normal circumstances, a confirmed employee will not be converted into a probationer. It is only after the completion of their probation period that a letter of confirmation is given to the employee by the management.

After confirmation, if misconduct or indiscipline is noticed by the management, there are several ways of dealing with it, such as the issuance of warning memos, Show Cause Notice (SCN), or a charge sheet pending inquiry. The course of action taken, whether a charge sheet-cum-suspension order or other measures, depends on the gravity of the misconduct or indiscipline and its impact on the company's image or reputation.

Why should they be put into probation again?

"Probation" is the prefixed time-frame during which a newly appointed or, at times, a newly promoted employee's suitability for their job is observed and evaluated by the employer. Once it is declared to have been satisfactory, the next step is confirmation only.

For any misconduct, either relating to behavior or performance post-confirmation, the employee can be proceeded against under the relevant disciplinary rules only. Since confirmation is an irrevocable status of employment, a confirmed employee cannot be converted back to the status of a probationer in the same cadre.

On the face of it, this action of the employer cannot be justified and is perhaps untenable in law. I guess this action of reverting a confirmed employee to a probationer, who allegedly committed some misconduct, is taken by way of punishment. Apart from its propriety, do employers have the power to take such action under any law in Pakistan? That too for a yet unproven act of misconduct? Such actions by an employer are unheard of and go against the principles of natural justice.

Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant