Termination without Notice Period - employee is working in a Probation period

Hello Mentors,

Please let me know if an employer can terminate an employee without any notice period (immediately). Please note that the employee is working in a probation period, and the basis of termination is poor performance. Looking for your best guidance.

Thanks in advance,
Sunita

Yes, by providing payment in lieu of notice pay.

It depends on a case-to-case basis and the appointment letter and other conditions of service.

- S. K. Mittal
Labor & Industrial Lawyer
9319956443

Notice period could be dispensed with if the Appointment Letter provides such a condition. However, the termination should be simple rather than punitive. If the order of termination is punitive or stigmatic in nature, it becomes mandatory to conduct an inquiry following the procedure, and an opportunity to be heard has to be given. Failure to do so may make such termination/discharge illegal and in violation of principles of natural justice.