Can We Legally Terminate a Probationary Employee with Two Weeks' Pay Instead of Notice?

Hello, everybody.

I need your advice. We have decided to terminate an employee with immediate effect due to behavioral and attitude issues. Our offer letter states that during the probationary period, if the employee's services are found unsatisfactory, he will be terminated by giving two weeks' notice or salary in lieu of notice.

My question to you is, can I terminate this employee by giving him two weeks' salary in lieu of notice without any legal consequences? The employee is in his probation period.

Thanks.

The term 'probation' will not safeguard you when a punishment is given in the form of retrenchment. If an employee had worked for 240 days during the 12 months, he is presumed to be an employee having continuous service. In such a case, notice followed by termination pay at 15 days' pay for the completed year shall be paid to him. Since the employee had been very irregular and had been charged with misconduct, you can terminate his service. But before awarding such punishment, please issue him a warning letter or a charge sheet. If you are so particular that he should be out of the organization, then record the misconduct in a statement form and take action. Don't be fast.

Regards,
Madhu.T.K

Dear Moksha,

I very much agree with Madhu. If the probation period is less than 240 days, you can terminate him with immediate effect as per the conditions mentioned in his appointment letter. Otherwise, before terminating any candidate who has completed more than 240 days in an organization, you need to issue him a warning letter. If he commits misconduct again, you must issue him another warning letter before terminating him. This is in accordance with the law.

However, if you wish to terminate him with immediate effect due to a significant error, ask him to sign a resignation letter and leave. If he disagrees, write a termination letter, pay him for one month's salary, and dismiss him.

Regards,
Sujeet S Rajawat