I am facing an issue where the management wants to terminate an employee during probation. The employee joined in April, and we have a 3 months probation period, at the end of 3 months, his probation was extended by 2 months as his performance was subpar. Now in August, he is still performing poorly in spite of getting detailed feedback and support from the managers.
Below is mentioned in the contract
"Probation - There would be a 3-months probation period with effect from the commencement date. The employer may extend the probationary period for up to maximum 3 more months with the confirmation from the employee and employer."
Termination of Employment - This employment may be terminated by the Employee or by the company, in writing, giving the other party (2) two month's notice period."
As per my understanding, the employee will need to serve a 2 months notice period from the date of termination. Please provide your suggestions if this is the only legal way out.
Below is mentioned in the contract
"Probation - There would be a 3-months probation period with effect from the commencement date. The employer may extend the probationary period for up to maximum 3 more months with the confirmation from the employee and employer."
Termination of Employment - This employment may be terminated by the Employee or by the company, in writing, giving the other party (2) two month's notice period."
As per my understanding, the employee will need to serve a 2 months notice period from the date of termination. Please provide your suggestions if this is the only legal way out.