Dear all, Can someone help me with the termination process during probation.Does probation period termination requires warning?
From India, Calcutta
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5From India, Calcutta
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Dear all,
Can someone help me with the termination process during probation? Does probation period termination require a warning?
Hi, I am Sailaja.
The process generally followed for any terminations is to first issue a memo/warning and then proceed to issue the termination letter. However, this is applicable to employees working on a permanent basis, not on probation.
Regarding terminations during probation, if the clause in your appointment letter states that his/her services are not up to the satisfaction of the organization, then appropriate action can be taken. In this case, you can proceed directly with the termination by providing the reasons for this action.
Bye,
Sailaja
#9989068980
From India, Hyderabad
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Can someone help me with the termination process during probation? Does probation period termination require a warning?
Hi, I am Sailaja.
The process generally followed for any terminations is to first issue a memo/warning and then proceed to issue the termination letter. However, this is applicable to employees working on a permanent basis, not on probation.
Regarding terminations during probation, if the clause in your appointment letter states that his/her services are not up to the satisfaction of the organization, then appropriate action can be taken. In this case, you can proceed directly with the termination by providing the reasons for this action.
Bye,
Sailaja
#9989068980
From India, Hyderabad
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Dear Sailja,
Thank you for that input. I was waiting desperately for some response as I have to take action today only. Well, I had the same vague idea in mind, but you have cleared that all. Can you elaborate more on the process followed for permanent employees, like how many warnings and the duration of these warnings, etc.? Is it always good to ask an employee to resign rather than terminating them? How can this affect an employee in their future?
Regards,
Anueha
From India, Calcutta
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Thank you for that input. I was waiting desperately for some response as I have to take action today only. Well, I had the same vague idea in mind, but you have cleared that all. Can you elaborate more on the process followed for permanent employees, like how many warnings and the duration of these warnings, etc.? Is it always good to ask an employee to resign rather than terminating them? How can this affect an employee in their future?
Regards,
Anueha
From India, Calcutta
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The termination process is related to the terms of probation/appointment. You have to go through this carefully. Some organizations employ the same methods for terminating a probationer as a regular employee. If you observe the norms, you need not bother about subsequent legal complications. Even if you are free to sack a probationer just like that, in the interests of natural justice, it would be better if a memo is served on the person, his reply to the same solicited, and then do as you wish. After all, in HR, these processes do make a hell of a difference.
Regards,
Rajeev.V
From India
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Regards,
Rajeev.V
From India
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Hi,
Termination for a person on probation can be done on an immediate basis if their performance is not up to the mark. My view is somewhat different; issue a letter of warning to that person stating that their performance is not up to the mark, as assessed by the management. Therefore, if any complaints are received from our department regarding your performance, it may lead to termination from our service. I hope this information is helpful to you.
Regards,
Derek
From India, Nagpur
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Termination for a person on probation can be done on an immediate basis if their performance is not up to the mark. My view is somewhat different; issue a letter of warning to that person stating that their performance is not up to the mark, as assessed by the management. Therefore, if any complaints are received from our department regarding your performance, it may lead to termination from our service. I hope this information is helpful to you.
Regards,
Derek
From India, Nagpur
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Termination can be done on a permanent staff after due process. The employee must have been given two written queries and a last warning letter. For an employee on probation, if the letter of appointment states that after a certain period, if performance is unsatisfactory, then the organization can terminate the appointment citing poor performance.
Best regards,
Emmanuel
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Best regards,
Emmanuel
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Dear Anueha,
Termination of a probationer can be done on various grounds. Generally, it is easier to terminate a probationer than a permanent employee. If the employee is categorized as a 'Workman', it is advisable to follow an established, legally correct process to avoid litigations or reinstatement.
The probationer you have mentioned is not known to be of a workman or a non-workman category, and therefore, advice would be general. Remember, any employee can take legal recourse and win a case for reinstatement in the Company with back-wages/salary and penal consequences on the Company. Or alternately, an illegal termination, if challenged in Courts/Conciliation/Adjudication, may drag on even for years on end.
Presuming that the termination is due to unsatisfactory performance or non-performance of duties, follow issuing warning letters (say 2-3) at regular spaced intervals. The intent by 'Principles of Natural Justice' is to give him/her adequate time to improve performance, post-warning. Mind the language used in the warning letters. They should not connote any bias or malafide intentions of the management conveying improper removal from service. Follow regular counseling by his/her supervisor or Head of Department.
In case of continued 'below-par' performance, issue him/her a letter of termination giving reference to earlier warning letters (with their dates) and mention that adequate time was given to improve performance. Do settle his full and final dues in 2 working days (as is statutorily required, in relevant cases). Remember to issue him/her the letter in the presence of 1-2 witnesses, lest he/she refuses to accept the letter.
Note that some of the past Court rulings have given judgments in favor of employees who have not completed the full term of the probation period. The Courts have taken the premise that the full probation period (say of six months) must elapse as adequate time to show performance. Therefore, it is best to allow the full period of the probation period to lapse, prior to immediate termination. It is, however, possible to terminate before the full probation period also, though legally not perfect.
For permanent employees, generally follow a longer period of assessment. Do consider his past performance and the Company's commitment to him like past increments/assessments/conduct, etc., so that the termination does not in any way contradict his past good services.
Generally, there is no hard and fast rule to guide the time given.
Hope this helps.
Cheers!
Rahul Kumar
From India, New Delhi
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Termination of a probationer can be done on various grounds. Generally, it is easier to terminate a probationer than a permanent employee. If the employee is categorized as a 'Workman', it is advisable to follow an established, legally correct process to avoid litigations or reinstatement.
The probationer you have mentioned is not known to be of a workman or a non-workman category, and therefore, advice would be general. Remember, any employee can take legal recourse and win a case for reinstatement in the Company with back-wages/salary and penal consequences on the Company. Or alternately, an illegal termination, if challenged in Courts/Conciliation/Adjudication, may drag on even for years on end.
Presuming that the termination is due to unsatisfactory performance or non-performance of duties, follow issuing warning letters (say 2-3) at regular spaced intervals. The intent by 'Principles of Natural Justice' is to give him/her adequate time to improve performance, post-warning. Mind the language used in the warning letters. They should not connote any bias or malafide intentions of the management conveying improper removal from service. Follow regular counseling by his/her supervisor or Head of Department.
In case of continued 'below-par' performance, issue him/her a letter of termination giving reference to earlier warning letters (with their dates) and mention that adequate time was given to improve performance. Do settle his full and final dues in 2 working days (as is statutorily required, in relevant cases). Remember to issue him/her the letter in the presence of 1-2 witnesses, lest he/she refuses to accept the letter.
Note that some of the past Court rulings have given judgments in favor of employees who have not completed the full term of the probation period. The Courts have taken the premise that the full probation period (say of six months) must elapse as adequate time to show performance. Therefore, it is best to allow the full period of the probation period to lapse, prior to immediate termination. It is, however, possible to terminate before the full probation period also, though legally not perfect.
For permanent employees, generally follow a longer period of assessment. Do consider his past performance and the Company's commitment to him like past increments/assessments/conduct, etc., so that the termination does not in any way contradict his past good services.
Generally, there is no hard and fast rule to guide the time given.
Hope this helps.
Cheers!
Rahul Kumar
From India, New Delhi
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