During the probation period, a Marketing executive is exhibiting misconduct, showing resistance towards performance expectations, delivering non-productive results, engaging in union activities, and requesting a joint working notice. The options available are to terminate or transfer the individual.
From India, Delhi
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Yes, if you have conclusive evidence to that fact. But the right legal method will be to put him on notice to stop misbehaving. In that, you must cite occurrences of his misbehavior. Also, include a show cause and conduct an internal investigation providing him a hearing according to natural justice. If you still find him guilty, then sack him.
From India, Kolkata
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Maybe it is a long-drawn process. If he is under probation for less than six months, there is no need to conduct an enquiry. Put a full stop, but that has to be confirmed after reading the relevant clauses of the appointment order.
From India, Chennai
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Dear Vastavaamit,

In employment parlance, "probation" is the situation or period of time in which a newly appointed employee's suitability to his job and the organization's work culture are ascertained by the employer. It has many parameters such as punctuality, receptivity to work-related instructions, adherence to general rules of discipline of the organization, cordial maintenance of interpersonal relationships with superiors, peers, and subordinates, integrity, honesty, and attainment of the desired level of efficiency, etc. If the probationer is lacking in any one of the parameters, his probation can be extended to give him an opportunity to correct his behavior, or he can be simply discharged as per the contract of employment. However, involvement in union activities cannot be a negative factor.

From India, Salem
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Query is quite hazy without discussing background of the problem and who has been misbehaved.
From India, Delhi
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Take recourse to the termination clause of the appointment letter and terminate his services forthwith.
From India, Mumbai
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Dear sir,

If probationers are not behaving, working in tandem, or conducting themselves in line with overall performance expectations, and their performance is found to be unsatisfactory, the employer can terminate such employees without any inquiry easily at any time without a show-cause notice, chargesheet, etc., as these procedures are time-consuming. Simply include in the Termination Letter the specific clause number from their Appointment Letter and terminate them.

Regds,

RDS Yadav
Labour Law Adviser
Email: navtaranghrs@gmail.com

From India, Delhi
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