Hi,
Need a clarity on "How to terminate an employee during his/her probation period"?
We are in process of setting up a workforce for our client.
Need an advice for a scenario below?
According to the policy, The average probation period was set to be at 6 months for an employee and if an employee doesn't learn / perform things well or found to be a fair performer the organisation can terminate an employee with a prior warning and notice.
Employee is found to be a non performer or non learner and also has some disciplinary issues. Despite of the performance indicators and one to one sessions with the superior the activity or performance is found to be dis satisfactory.
So, if a company decides to terminate the employee,
1. How to address to him/her?
2. What kind of legal or statutory procedures to be followed?
3. Should we need to provide a termination letter? If yes, what is to be mentioned?
4. What kind of privileges or rights does the employee have in this situation?
5. What if an employee disagree and not willing to move?
It would be a great help for us from the fellow HR profession if the above questions are clarified.
Thanks in advance.
From India, Pune
Need a clarity on "How to terminate an employee during his/her probation period"?
We are in process of setting up a workforce for our client.
Need an advice for a scenario below?
According to the policy, The average probation period was set to be at 6 months for an employee and if an employee doesn't learn / perform things well or found to be a fair performer the organisation can terminate an employee with a prior warning and notice.
Employee is found to be a non performer or non learner and also has some disciplinary issues. Despite of the performance indicators and one to one sessions with the superior the activity or performance is found to be dis satisfactory.
So, if a company decides to terminate the employee,
1. How to address to him/her?
2. What kind of legal or statutory procedures to be followed?
3. Should we need to provide a termination letter? If yes, what is to be mentioned?
4. What kind of privileges or rights does the employee have in this situation?
5. What if an employee disagree and not willing to move?
It would be a great help for us from the fellow HR profession if the above questions are clarified.
Thanks in advance.
From India, Pune
1. How to address to him/her?
This question is not clear.
2. What kind of legal or statutory procedures to be followed?
Please refer to the appointment letter given to him or to her.. If the clause says that an employee on probation can be terminated on the completion or during probation without assigning any reason or notice period , then issue a simple Termination letter. The letter sahll refer to the clause of the appointment letter and then state that the Management was not satisfied with the performance of the employee during the probationary period and hence he or she is being terminated with immediate effect as per the terms and condiations of employment . Please do not mention anything about discipline or productivity norms or attendance.
If there is no clause on probation or if you have not issued any letter, then he will be deemed to be a confirmed employee.
Since you have asked a specific question about probationer, I am restricting my reply to Probationer assuming a letter for Probation has been issued
If there is a clause for Notice Period during probation, then give that many number of days as Notice Period.
3. Should we need to provide a termination letter? If yes, what is to be mentioned?
Yes, a termination letter need to be issued Please refer to my response above on drafting the letter.
4. What kind of privileges or rights does the employee have in this situation?
If there is no mention of Notice period then there is no need to give notice. All Salary related items should be settled which will include the following
Wage/Salary for the period
Encashment of Earned Leave
Bonus if he falls under Bonus act (Payable only in the next accounting year when he claims)
5. What if an employee disagree and not willing to move?
This a practical issue and need to be handled carefully. If he is a unionised employee you may take more precautions....not because they are entitled but because we may not like to get caught unaware of unnecessary work stoppages
If an employee still insist that he would attend follow the steps
Ensure that his name is removed from Attendace and attendance resording machines. His entry then becomes illegal
If he has accepted the letter and signed having received the letter, then you may not have any issue. But if he has declined to accept, then post a letter to his last known address. Wait for three days. Then Post the letter in the Notice Board
Also post a letter in the Notice Board that he is illegally entering the premises and mark a copy to the local Police Station. Send a letter to his house address stating that he should refrain from entering else Police complaint will be lodged. Take photographs of his presence every day. Ensure that no work is allotted to him.
You must exhaust these procedures within a weeks time marking copies to Police station
Then lodge a Police Complaint.. In the mean time publish termination letter in a local News paper or issue a statement in the news paper that the employee has been terminated
Follow steps as you may think fit at the particular point of time. But the rule should be that you should never show your disturbance and irritation, play it cool, do everything legal rather than using security to evict him.
T Sivasankaran
From India, Chennai
368This question is not clear.
2. What kind of legal or statutory procedures to be followed?
Please refer to the appointment letter given to him or to her.. If the clause says that an employee on probation can be terminated on the completion or during probation without assigning any reason or notice period , then issue a simple Termination letter. The letter sahll refer to the clause of the appointment letter and then state that the Management was not satisfied with the performance of the employee during the probationary period and hence he or she is being terminated with immediate effect as per the terms and condiations of employment . Please do not mention anything about discipline or productivity norms or attendance.
If there is no clause on probation or if you have not issued any letter, then he will be deemed to be a confirmed employee.
Since you have asked a specific question about probationer, I am restricting my reply to Probationer assuming a letter for Probation has been issued
If there is a clause for Notice Period during probation, then give that many number of days as Notice Period.
3. Should we need to provide a termination letter? If yes, what is to be mentioned?
Yes, a termination letter need to be issued Please refer to my response above on drafting the letter.
4. What kind of privileges or rights does the employee have in this situation?
If there is no mention of Notice period then there is no need to give notice. All Salary related items should be settled which will include the following
Wage/Salary for the period
Encashment of Earned Leave
Bonus if he falls under Bonus act (Payable only in the next accounting year when he claims)
5. What if an employee disagree and not willing to move?
This a practical issue and need to be handled carefully. If he is a unionised employee you may take more precautions....not because they are entitled but because we may not like to get caught unaware of unnecessary work stoppages
If an employee still insist that he would attend follow the steps
Ensure that his name is removed from Attendace and attendance resording machines. His entry then becomes illegal
If he has accepted the letter and signed having received the letter, then you may not have any issue. But if he has declined to accept, then post a letter to his last known address. Wait for three days. Then Post the letter in the Notice Board
Also post a letter in the Notice Board that he is illegally entering the premises and mark a copy to the local Police Station. Send a letter to his house address stating that he should refrain from entering else Police complaint will be lodged. Take photographs of his presence every day. Ensure that no work is allotted to him.
You must exhaust these procedures within a weeks time marking copies to Police station
Then lodge a Police Complaint.. In the mean time publish termination letter in a local News paper or issue a statement in the news paper that the employee has been terminated
Follow steps as you may think fit at the particular point of time. But the rule should be that you should never show your disturbance and irritation, play it cool, do everything legal rather than using security to evict him.
T Sivasankaran
From India, Chennai
Dear Visvickey,
Greetings ...
I hope you are aware that the term "Probation" does not refer to a "Confirmed Appointment" and period thereof allows time to a newly recruited Employee evaluate his Job Profile and learn about the Employer's expectations, importance of the work he is handling in the overall system of which it is a part, take training to achieve perfect result and identify efforts required to perfect and improve the quality of work to be delivered, develop and better relationship & coordination with other departmental staff and also the management.
At the same time during Probation is also time given to Employers to coach and make suitable new employees, employees placed in a new position, and probationer employees with performance problems.
It may please be noted that cessation of employment (abandonment/termination of employment) is a both-way clause but surely goes to favour the employee that while submission of resignation and not serving a notice during probation seems an inherent right of the Employee, termination of an employee during probation, however, is subject to establishing the reason for such act by the Employer. Termination without establishing the cause of action is a punishable Crime and there is every possibility that the Employee may come back with a Reinstatement Order from Appropriate Authority that may thereafter become a constant source of nuisance.
In such case it is customary to issue him atleast 2 notices/warnings for non-performance/misbehavior (or whatever) and extend his probation suitably allowing him time for improvement. In case he does not improve even thereafter, he may be terminated with issuance of Termination Letter. Please note that in the Letter of Termination reference of Notices/Warnings issued to him be taken. Time Allowance as sanction on Extension of Probation should also be mentioned in the Letter of Termination.
Regards,
From India, Pune
Greetings ...
I hope you are aware that the term "Probation" does not refer to a "Confirmed Appointment" and period thereof allows time to a newly recruited Employee evaluate his Job Profile and learn about the Employer's expectations, importance of the work he is handling in the overall system of which it is a part, take training to achieve perfect result and identify efforts required to perfect and improve the quality of work to be delivered, develop and better relationship & coordination with other departmental staff and also the management.
At the same time during Probation is also time given to Employers to coach and make suitable new employees, employees placed in a new position, and probationer employees with performance problems.
It may please be noted that cessation of employment (abandonment/termination of employment) is a both-way clause but surely goes to favour the employee that while submission of resignation and not serving a notice during probation seems an inherent right of the Employee, termination of an employee during probation, however, is subject to establishing the reason for such act by the Employer. Termination without establishing the cause of action is a punishable Crime and there is every possibility that the Employee may come back with a Reinstatement Order from Appropriate Authority that may thereafter become a constant source of nuisance.
In such case it is customary to issue him atleast 2 notices/warnings for non-performance/misbehavior (or whatever) and extend his probation suitably allowing him time for improvement. In case he does not improve even thereafter, he may be terminated with issuance of Termination Letter. Please note that in the Letter of Termination reference of Notices/Warnings issued to him be taken. Time Allowance as sanction on Extension of Probation should also be mentioned in the Letter of Termination.
Regards,
From India, Pune
Would like to clarify the last para of Soumitra.
Always create records of non-performanc, issue letter oral communication will be not no use. Don't use word warning as it is considered as stigma by ciurts. If there is hope that employee's performance will improve then only the probation period may be extended by letter. Also don't use word termination if required. Mention that 'you will cease to be employee after working hours of xxxx'. Refer to clause number of probation in such letter.
From India, Mumbai
Always create records of non-performanc, issue letter oral communication will be not no use. Don't use word warning as it is considered as stigma by ciurts. If there is hope that employee's performance will improve then only the probation period may be extended by letter. Also don't use word termination if required. Mention that 'you will cease to be employee after working hours of xxxx'. Refer to clause number of probation in such letter.
From India, Mumbai
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