Hi everyone,
if an employee on probation for 3 months, has not performed satisfactory result within one and half month even after warning, can be asked to leave from the organisation with immediate wffect even before the probation period? Is this legal or not?
Kindly let me know your views.

From India, Bangalore
Hi,
Yes, u can terminate his services with immidiate effect. At the time of joining, apointment letter has to be issued in which under the head Probation, there will be mentioned that your probation period is for 3 mnths and if ur performance found not satisfactory, then the management has right to terminate your services with immidiate effect without giving you any notice.

From India, Gurgaon
If the employee is not productive to you what’s the use to continue with him/her???? In my view first try to checkout the reasons of non performance & then decide!!!!! Prashant
From India, Pune
HI,
Generally in the appopintment letter the clause regading termination or resignation during probation period is mentioned . If there is any notice period ( generally 15 days in probation) is mentioned, the same should be followed.
Regards,
Harshad

From India, Mumbai
Dear Vani,
It is depends on the Termination and Notice period clause of appointment. Usually, termination can't happen with in the 45 days from the date of join, employee must be given fare opportunity to prove him self.
Regards,
shiv

From India, Bangalore
dear
in my view if employee is not performing than give him notice that you are on probation
and your performance is not upto the mark.you are advised to improve the same.
after one r two notice only terminate.
regards
j s malik

From India, Delhi
hello,
i am final year MBA student and i am completly agree with malikjs that u should give the feedback about his performance and ask him to improve on it, if you terminate him then its possible that empployee may walk out with bad experince and spoils your company's image and there are people who requires time to settle and work in the organiation. you need to go and search for the reason for his poor performance

From India, Lucknow
Dear Vanisreenath,
try to understand,how can you judge an employee within half & one month,you should try to convey him about your company requriements & system and specifically said about termination if not perform well.
I am sure with one or two warning ,he/she would work well.
Let complete three months as probation period,then you can decide whether you have keep his/her job continue or not.
You should monitor other parameters that his/her juniors behaviour well or not.
You are a HR person & you should be cool on this & provide support to every new employee.
Best Regards
sajid Ansari-Delhi

From India, Delhi
I agree with Saajid Ansari. When that person was recruited, you must have seen some capabilities in him.
Before calling him a bad performer, it would be wise to sit with him & have a discussion about the gaps between expected & actual performance , understand his thought process , help & rectify him where required.
Also let him clearly understand that he'll only be confirmed depending upon his performance during the probation.
Monitor his behavior on the job & performance closely.
If it persists without any sufficient cause, issue him one or two Caution letters, which i believe will rectify him.
Termination during probation( as per clause of the Appt letter) is the last option.

From India, Panaji
I dont think Termination is the best option... As a HR it is your responsibility to look into the matter and study it carefully... This is our job and this is what we are best at....
You should have seen some positive traits in this candidate and then recruited him in the first place... Try to sit with him and understand his position...
We are not here to terminate... We are here to get the best out of our employees... by best possible means...
Thanks,
Srikanth

From India, Hyderabad
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