I am facing an issue where the management wants to terminate an employee during probation. The employee joined in April, and we have a 3-month probation period. At the end of 3 months, his probation was extended by 2 months as his performance was subpar. Now in August, he is still performing poorly despite receiving detailed feedback and support from the managers.
Below is what is mentioned in the contract:
"Probation - There would be a 3-month probation period with effect from the commencement date. The employer may extend the probationary period for up to a maximum of 3 more months with confirmation from the employee and employer."
Termination of Employment - This employment may be terminated by the Employee or by the company, in writing, giving the other party a 2-month notice period."
Based on my understanding, the employee will need to serve a 2-month notice period from the date of termination. Please provide your suggestions if this is the only legal way out.
From India, Noida
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1Below is what is mentioned in the contract:
"Probation - There would be a 3-month probation period with effect from the commencement date. The employer may extend the probationary period for up to a maximum of 3 more months with confirmation from the employee and employer."
Termination of Employment - This employment may be terminated by the Employee or by the company, in writing, giving the other party a 2-month notice period."
Based on my understanding, the employee will need to serve a 2-month notice period from the date of termination. Please provide your suggestions if this is the only legal way out.
From India, Noida
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Hi, Since the Termination is the company’s decision, no need for employees to serve 2 months. whereas the employer needs to provide 2 months notice before termination.
From India, Madras
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From India, Madras
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Normally, an employer will be able to terminate an employee during the probation period without any notice and without assigning any reason therefor. But in your case, the appointment order clearly states that a 2-month notice is required to terminate an employee. In the absence of termination during probation, it should be treated as including the termination of a probationer. Therefore, give him two months' notice now and terminate him on the expiry of the said two months' time.
From India, Kannur
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From India, Kannur
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Your company needs a 2-month notice during probation? It is a little strange, especially as probation itself is for 3 months.
But if that is the terms given, then you must follow it. You need to let him know that he is being terminated with a 2-month notice or pay him the notice period amount.
From India, Mumbai
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But if that is the terms given, then you must follow it. You need to let him know that he is being terminated with a 2-month notice or pay him the notice period amount.
From India, Mumbai
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I don't know where you are, but here in Ontario, regardless of whether the employer extends the probation period or if it is stated in the contract, the employer will have to provide 1 week's notice. However, because this employer did not specify the minimum under the ESA and is acting unclearly, the employee can sue for common law.
In Ontario, Canada, the law is strict; if the employer sets a termination clause that is below the minimum requirement, the courts will disregard that clause and apply common law instead.
From Canada, Toronto
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In Ontario, Canada, the law is strict; if the employer sets a termination clause that is below the minimum requirement, the courts will disregard that clause and apply common law instead.
From Canada, Toronto
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