Dear Senior,

We appointed an employee on 7th December 2011 on a probation period. Now, I want to terminate this employee due to poor performance. He claims that if I terminate him, the company will have to pay him one month's salary. He has also threatened to report the issue to the labor office.

I would appreciate your valuable suggestions promptly.

With thanks and regards,
Pulkit

From India, New Delhi
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If he is on probation and you have taken his acceptance copy of the appointment letter with this probation clause, you could process his termination. But ensure that he has intimated in writing in the past for his poor performance, which will help you in case of legal action. I would suggest you extend his probation for the next two months with a warning to improve his performance. Set some benchmarks. This will not create any legal liability for you.

Regards, Kajal

From India, Ahmadabad
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This is a very short duration to assess any employee. Being in HR, you should speak to him to know the reason for his poor performance and give him some training to improve his performance. This is real HR practice rather than terminating anyone.
From India, Ahmadabad
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Taking a decision on anybody is a 2-minute job. You can terminate an employee only when he/she has not met your requirements, provided all these requirements are put in writing and discussed in person, etc. In short, you should have evidence that you have tried all methods to improve his performance. If you do not possess one, as Kajal suggested, try to improve him with proper training and a positive mindset. Even after the best of your efforts, he has not changed himself, then you can think of your alternatives. Do not forget that it's easy to remove and hard to change and make others change.

Regards,
Dayal

From India, Hyderabad
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As suggested by Kajal & Dayal, it is better to communicate his poor performance, plan some training, document all these things, obtain his signatures, and build a record which will be useful for your future actions.

I believe 15 days is a very short period. The time you are talking about is not sufficient to complete his induction, locate his work area and tasks. Hence, it is better to wait for some more time. A minimum of one month to understand the work, culture, and team, to get accustomed to the new atmosphere, and deliver the requirements will take at least 3 months. Therefore, don't be in a hurry. If you are very confident that he may not suit your requirements, then build a case, try to provide more training, document the issues, and then take action.

The basic point you should understand is that you need to strengthen the recruitment/assessment process because the employee you recruited has failed to perform and be assessed within a span of 15 days.

Regards, Kamesh

From India, Hyderabad
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Have you done with the Employee Evaluation? .. if yes then first, He may be informed that there is a problem with the his performance at the employee evaluation. Also you need to find out the reason and need to take the sufficient action to correct the employee’s errors but if still you found that his performance does not improve with it, you need to give him a written document, explaining all deficiencies (Farr)/warning letter /notice. It is really important in this regard.

well, you don’t need to worry about anything and he cant do anything wrong to you if you done this job at your end. Also you must go thru the clause for terms & conditions of employment letter what you have used for this kind of case.

For further you can visit to the weblinks posted below :

https://www.citehr.com/36089-warning...erformers.html

https://www.citehr.com/143773-warnin...rformance.html

https://www.citehr.com/256206-what-p...rformance.html

https://www.citehr.com/372529-termin...rformance.html

From India, Gurgaon
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In my experience, an employee may take a minimum of 3 months to integrate into the system, develop interpersonal relationships, understand the job from the management's perspective, etc. In the era of Performance Management Systems (PMS), peer cooperation is often limited, and new employees have to navigate various challenges to showcase their abilities. Therefore, it is crucial to make informed decisions when it comes to terminating an employee during the probation period.
From India, Lucknow
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Hi Kajal, Kamalesh, Dayal,

Will you guys please tell me if you can follow the same procedure for the probationer if his performance does not meet management's requirements? Can management allow you to spend more time developing the probationer's performance? If you spend more time training probationers, then who will run the company? By the way, the probationer is not working as a trainee; he is in the organization to fill a permanent vacancy.

Pulkit's probation period has been extended for two months with notice given to him regarding his unsatisfactory performance. Even if his performance does not improve in those two months as per management's requirements, do not hesitate to terminate him.

Amol Deokar Manager HR Ahmednagar

From India, Mumbai
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What do you mean by probationer and what do you think the people who are experienced today were never being probationer or fresher. you think we don’t need to spend our time for Training & Development and what Performance Appraisal means to you then? It seems you are forgetting something or need to improve your knowledge on this..

Your own statement is contradictory. “if one spends more time in giving training to probations then who will run the company” Do you really think that you are running your company or only HR contributing to run a company. Only you are responsible for this and other basic and important functions are not contributing or not playing role in running a company. Well if you really think so, Im sorry you need to more understanding.

And for your kind knowledge, Probation is a process or period of testing or observing the character or abilities of a person in a certain role and that’s why we hire new candidates with hoping to have good employees for our organization so that we can achieve our set goals, objectives and our mission. And if you think that you will always get more experienced people and can’t get these goals with developing new peoples with abilities, im sorry you.….well hope you will understand what I wanna say here ..

Mr. Amole, you are a Manager for a company, this was not expected from a senior person atleast bcz this can demoralize the new candidates/students who wants to make their career in HR.

Well there are something what I would like to share for you and for others which will gives What role Training & Development is playing in today’s HR World and why it is important for an employee and his/her career, for HR personnel, for Organization.

Please visit this <link no longer exists - removed>

<link no longer exists - removed>

I beg your pardon if I hurt you or any other one but I just wants to say that we should not do anything which will work negatively for our upcoming resource (HR Students/ Employees and who are related to HR) and hope you will understand me…

From India, Gurgaon
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Dear Anil,

I appreciate your god-gifted knowledge for Training & Development, and even I don't mind your words like "Improve your knowledge on this," and I will follow your suggestions for the same, but few points for discussion. (Please don't take this personally.)

1) Probation means: the act of testing, the testing or trial of a person's conduct, character, qualifications, or the like, the state or period of such testing or trial. Now let me clarify one thing from your god-gifted knowledge: the probation period starts after completing the training period and then goes into probation. Whatever the duration, do you think there is a need to give time for training and development? Then, what is the meaning of the training period or probation period? I think 1 year 6 months is not sufficient for gaining knowledge of the assigned job, according to you. So, there is a need for more training. I am not saying that there is no need for training & development, but it should be for those people who can learn faster. Dear Anil, I have suggestions for you: please fill all the vacancies in your company with probationers in experienced designations and give them training until they become experienced. See how your management will appreciate you.

2) I know only the HR department is not the machinery on which the company runs; there are many contributions from other departments as well. But can you run your company without an HR department? If they spend more time on training and development, then who should handle legal compliance, recruitment and selection, payroll, and HR-related activities?

3) For your information, when we take people on probation to fill permanent vacancies in the future, that person is already experienced in the particular field. That's why we offer them a probation period, and if an experienced person needs training for more than six months, what is the sense in offering the job to them? Dear Anil, please consider the management's point of view; you will understand what I am trying to convey. It is essential to brush up on your knowledge.

4) Do behave like a good human being; don't blame others' knowledge and position without knowing them. It reflects your behavior towards work and incapability.

5) I am not demoralizing new candidates; I am just speaking the truth to them. If you want to grow in your professional career, be a fast learner, and only then can you grab good opportunities.

6) Training and development are essential, but there are a few limitations.

7) Dear Anil, you are posting your views on a well-known site where very senior people post their views. So, please keep in mind not to blame anyone directly. Just share your views; they may be right or wrong.

Please do not take this personally.

Regards,

Amol

From India, Mumbai
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The debate continues...

Isn't it surprising how the debate between Idealists and Realists always results in heated arguments? Because that is exactly what this is: a debate between Idealists (assess, train, improve, perform) and Realists (assess, decide, replace, perform).

In this debate, what people tend to forget is the cost attached to creating an idealist model and also the time needed to create one. Most of these organizations are business enterprises with the purpose of making money. Even in more HR-matured industry sectors like telecom/IT, management prefers hiring ready-to-utilize resources rather than training half-ready resources.

It has nothing to do with what kind of person you are or how much knowledge you have. These are very real, practical, and everyday decisions taken by a business enterprise. And one day, when all of us, including those with idealistic views, reach positions of power, please don't be surprised if you yourself decide against an idealistic model.

I know because I was one until I had to decide.

Wishing all of you a very happy 2012!

Cheers,

Navneet

Navneet Chandra Kulshrestha - India | LinkedIn

From India, Delhi
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No i am not taking it personally please don’t misunderstand me this is only discussion and not more than that. take care Regards, Amol Deokar
From India, Mumbai
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Dear sir How many days work has he completed? How many months was he on probation and was his probation extended? Also what are the terms and conditions of termination in appointment letter?
From India, Pune
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Termination can be done after the issuance of warning letters and obtaining acceptance as per labor law if the employee has been issued the warning letters and has not completed the 240 days. If the appointment letter contains a termination clause, then a decision can be made in all such cases.

Rishi Malhotra

From India, Gurgaon
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Hello Amol,

If you recruit an employee and within 15 days you feel that he is not performing up to the mark, then there is a mistake in the recruitment process, not a mistake of the employee. The interview assessment is wrong. I think, in this case, the employee should not suffer due to the interviewer's mistake.

Regards,
Kajal

From India, Ahmadabad
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From India, Gurgaon
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This is a question regarding HR and recruitment processes. I believe that even HR recruiters and those who have passed their appointments need to be assigned tasks and held accountable. Wrong assessments should not be seen as an inability of the employee to perform, especially within the first 15 days.
From India, New Delhi
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Mr. Amol, well, I need your help with something. Could you please define "I think 1 year 6 months is not sufficient for gaining knowledge of the assigned job according to you, so there is a need for more training" as you stated above? Because I believe neither I nor anyone else has used this term. We were talking about a probationary period of a few days. Please help me understand this. Maybe I'm not as experienced as you, but I seriously want to know why this term has been used here.
From India, Gurgaon
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There must be something wrong in the recruitment process. How can someone who has not completed even a month be required to be terminated? Was he recruited without being properly tested?

Someone has rightly stated that he can be trained if he is falling short of expectations. If you really want to terminate (for reasons best known to you), you have to adhere to the notice period mentioned in the letter of probation issued to him and accepted by him. However, there must be a mention of reasons for termination. Removing during probation is easier than removing once he is confirmed.

It is also good if, instead of termination, you ask him to resign, convincing him that termination is not a good reason for any employee in his career and his future will be in problem.

Sunil

From India, Mumbai
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Hi Pulkit,

If all of you (superiors, management, and yourself) are convinced that he is not competent enough (may not be displaying the basic knowledge and skills required for the job), you can terminate the said employee's services by giving him a proper notice (as conveyed to him in the appointment letter that you would have issued). You will face no problems either from the employee or either of the legal machinery. GOD BLESS.

Regards,
Suresh

From India, Mumbai
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Hello Kajal,

I agree with your opinion, but how many days can you bear his unsatisfactory performance? Can management accept your mistake that happened during the interview (wrong assessment)? Please tell me why management should bear the expenses of his salary if he is not performing well. If you are not informing him regarding his poor performance, how will he come to know the areas of improvement in his performance? Please let him know the reason for his termination so he can overcome all the shortcomings in his performance.

@ Pulkit

As you updated the information of an employee who joined your organization on 7 Dec. 2011, the time frame for the performance evaluation is very short. Please speak with him regarding his non-performance, ask him the reasons for the same. Check if he has problems with his seniors, work culture, or management pressure, and give him more time to improve his performance. Request management to give him a chance to prove himself if they decide to terminate him. If he has problems as mentioned above, take corrective actions so he can feel your support, which might help improve his performance.

Regards,

Amol Deokar

From India, Mumbai
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This is a very short duration to evaluate any employee. Being in HR, when you appoint somebody, you definitely have access to the candidate. Within such a short period, if you terminate someone without any valid documented evidence, that may reflect very poor HR practices. Whenever you are making such a decision, please ensure that this will not be documented as bad HR practices.

Partha Modak
Administrator
Kolkata

From India, Calcutta
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Hi,

A recruit during probation is not to be treated as a trainee unless specified. To terminate even during probation, one has to follow the principles of natural justice and exhaust the channels to avoid legal tangles. In the instant case, a written communication is to be made to the employee to improve the performance before taking final action.

Kumar

From India, Mumbai
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Hi Pulkit,

It has not even been a month since you employed this person. Typically, an employee's learning curve ranges between 3 to 6 months. Firstly, check your company's policy on the probation period. If it is 3 months, I advise you not to terminate the employee now.

Secondly, as the HR head, you cannot terminate an employee solely based on poor performance. You need to talk to him/her. Clearly communicate where he/she is lacking and ask them to focus on those areas. Additionally, discuss with their manager and assign tasks in which they excel. This approach helps boost the employee's morale.

The current situation presents an excellent opportunity to establish a rapport with the new employee, fostering trust in you and the company.

Your role as an HR head is not to make hasty decisions but to allow time for assessment. Provide them with the opportunity to improve, and if after 2-3 months, the manager still observes the same issues, then you can issue a one-month notice or terminate as per the company's policy.

Regards,

From India, Hyderabad
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What is the procedure of WC compensation for if any accident happened when it will be informed and whom
From India, Nagpur
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Hello Everyone,

I am Myat, a newcomer to CiteHR. I am really delighted to find this website useful and see that many are sharing practical information with everyone. Please let me participate from time to time. Thank you all.

Best regards, Myat
Asst. General Manager
Human Resource Department
Lynx Co., Ltd.
Myanmar.

From Singapore
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you can terminate a probationer any time during probation period, without assigning any reason. ans
From India, Jamshedpur
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Dear Pulkit30,
I am fully agreed with Mr. Dayalsaran and Kamesh333 that you have to strengthen the recruitment & assessment process. Mr. Dyal says very much true “Do not forget that its easy to remove and hard to change and make others change.” Always remember every employee may be the assets of the company. Role of HR is not recruitment and termination job only. Keep patient; try to improve his caliber, give moral support to him (these all are the parts of welfare) and evaluate his performance. If he can fail you are free to take appropriate action against him.
Regards,
MKSharma64

From India, Coimbatore
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Sub- regarding job i am the employee of a private college worked as store in charge, i want to join sap program and work in capanies please provide me suggestion. vipin singh Sore in charge Indore
From India, Indore
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Hi,

Good heat in the winter season brings warmth. HR people are human beings. Freedom of expression can be used effectively for the most efficient and effective purpose. Keep confronting; it's a healthy activity, just don't let it result in conflict.

Wishing you all a very happy, prosperous, and cool new year.

From India, Mumbai
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Hi Vipin, could you please share more about your qualifications? You mentioned that you are working as a Store in Charge and intend to pursue the SAP program. Well, you can consider enrolling in an SAP Material Management course from a reputable institute. Your success will depend on your skills, dedication to learning, and hard work. This will enhance your chances of securing a job in a company.
From India, Gurgaon
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In Aurangabad, videocon has a special company which trains in SAP and also absorbs in employment. Can give you contact person name if you are planning to do so.
From India, Mumbai
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sir u should give him some more time for improvement.. as kajal said u should provide him training.
From India, Ahmadabad
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Dear Vipin,

Before you enroll in the SAP course, please consider the following aspects and find answers to these questions which will help you make a decision:

1. What is your basic qualification and background? Having a basic qualification and knowledge of computer applications/IT is crucial to cope with SAP. The SAP course is rewarding but costly, so ensure you have the necessary qualifications and resources.

2. If your qualification lies in the Material Management field, then pursuing an SAP course may not be essential for you.

3. Your college might offer a SAP course internally. In that case, you can consider joining there to complete the course at a lower cost and without leaving your current job. Later, you can explore opportunities outside.

Wishing you the best.

Kumar S.

From India, Bangalore
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Dear Pulkit,

You can issue him an "End of Probation" letter. Make sure to have your position clearly stated with a copy of his accepted Appointment Letter.

If he chooses to take the matter to the Labour Court, your case is quite strong. Be thorough with his performance details.

Regards,

Shrenik Lodha
Executive HR

From India, Bangalore
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Whereas I understand the case, this is purely an attitude problem because the employee is threatening the management of labor court, etc. In such a short span of time, adjudging somebody's mettle cannot be justified as everybody has indicated in their discussions. But at the same time, the attitude shown by the concerned employee is not good for the organization. Therefore, in my opinion, your idea of his separation is correct. But take some time and use the time for completing your homework like PMS, training, etc., before firing him. This will not only help you to avoid any legal complications but also save the face value of the organization.

Hope you understand my points.

Thanks,
ANWAR YAHYA ABDALI
HR EXECUTIVE
SNGL PVT. LTD.

From India, Patna
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Subject: Re: Job Termination

Dear Mr. Pulkit,

As you mentioned that the person was recruited on the 7th of December, I believe it is a very short period to assess him. First, you should identify the issues with this individual. Additionally, observe his attitude towards his seniors, his work ethic, and other relevant aspects. In my opinion, it is too early to make a decision. Provide him with some more time to showcase his abilities or assign him a small task. If he is unable to meet expectations, then you can consider termination, ensuring it is done through the appropriate legal process.

Thank you.

Regards,
Vindhyachal Tiwari

From India, Khopoli
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Dear Mr. Pulkit,

To terminate any employee is a very easy job, but if you follow the procedure as an HR Professional, that will be helpful to you. Please focus on the following points:

1. In the probation clause, the company can terminate any employee at any time.
2. First, talk with the HOD, then the particular employee about the performance.
3. We cannot assess anyone in a very short tenure.
4. Give him extra time to prove himself on the platform.
5. If not, give him a written warning letter or intimation letter about the poor performance.
6. If not, you can extend his probation.
7. If not, you can terminate him.

Thank you,
Tejas Chikshe
Asst. Manager HR & Admin

From India, Mumbai
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Hey Pulkit,

Reading your error-filled post, I feel that there is a serious communication problem from your side. That poor chap must get a better separation package from the company that is happy to employ you.

From India, Jamnagar
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Pulkit,

I have a suggestion. Why don't you just copy & paste the exact termination/notice period clause of your offer/appointment letter... Let's then look at what can be done and what cannot.

What is interesting is that everyone feels it is the right of the employee to be in this job. I'm sorry, people. The right to keep the employee in the job rests with the organization as much as the employee's right to leave that organization. Being in HR, you need to exercise this right sometime.

From India, Delhi
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I think it is too early to terminate an employee with just a short tenure. Everyone takes time to become familiar with the organization. In my opinion, he should not be terminated before the end of his probation period. As mentioned earlier, have a discussion with him and ask if there are any problems.

Normally, a new employee takes 3-4 months to become familiar with an organization.

Regards,
Rakesh

From India, Pune
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Dear all,

I am in agreement with Mr. Amol regarding the termination of probationers. The appointment letter must include provisions for the termination of a probationer without notice. It is important to note that a probationer is not a fresher but rather a skilled individual. Therefore, if an employee fails to perform efficiently during the probation period, it is advisable not to engage in a lengthy process and to proceed as Mr. Amol suggested.

Best of luck,

R.N. Pandey
Manager HR

From India, Ambala
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Dear Ms. Kajal,

Well said. Employees should not suffer. Being an HR professional, do the right recruitment. As Mr. Anil said, you should take care of your employees and employer. I know something happened with his immediate boss, and HR faced pressure to dismiss the person. Please follow the HR process to terminate the individual and communicate with his boss. Give him at least a month to understand the function.

Thanks and Regards,
Vishal Dixit

From United States
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Dear all,

I wish you all a happy new year.

With respect to the above case: he was employed on the 7th and terminated on the 28th due to poor performance.

In my opinion, a 20-day period is very short to assess the capabilities of a new employee. An employee typically takes a minimum of two months to acquaint themselves with the organization, its policies, etc.

If you are satisfied with his performance, it is advisable to issue a written warning for him to improve within the next two months at least. If there are no improvements, you can terminate his services without a one-month notice since no notice is required for probationers. Furthermore, a probationer is not entitled to demand reasons.

RL Dhingra, Advocate Labour Law Consultant, Delhi 9818309937 Email: rld_498@rediffmail.com

From India, Delhi
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Dear all,

In my reply, some spelling mistakes have crept in. I don't know how. In the first paragraph, the last sentence should read as "an employee takes a minimum period of two months to acquaint himself with the organization and its policies."

In the next paragraph, it should read as "If you are not satisfied, inconvenience is regretted."

Thanks & regards,

RL Dhingra
Advocate, Labour Law Consultant
Delhi
9818309937
E-mail: rld_498@rediffmail.com

From India, Delhi
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Dear friends,

Though generally, some firms' terms and conditions for appointment allow "termination without assigning any reason" during the probation period, it is not ethical to terminate any employee without following the prescribed procedure. In any case, natural justice will prevail. One has to arm oneself with proper documentation before initiating the termination process, whatever the reason may be.

Kumar.S.

From India, Bangalore
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