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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1We 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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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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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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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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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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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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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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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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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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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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