Dear,
In fact, case cited was revealing that his probation was extended but to the lower post with lower pay. This leads to punishment without offering opportunity to the employee. Fact is that a person has applied to a particular post for particular salary and to that he was appointed. Later on, it is the judgement of the employer to keep him on that post or not. But employer has no right to reduce his salary in the garb of poor performance and while extending the probation. This will lead to unfair labour practice. I agree with views expressed by Mr. Umakanthan.M.
Thanks
V K Gupta
From India, Panipat
148In fact, case cited was revealing that his probation was extended but to the lower post with lower pay. This leads to punishment without offering opportunity to the employee. Fact is that a person has applied to a particular post for particular salary and to that he was appointed. Later on, it is the judgement of the employer to keep him on that post or not. But employer has no right to reduce his salary in the garb of poor performance and while extending the probation. This will lead to unfair labour practice. I agree with views expressed by Mr. Umakanthan.M.
Thanks
V K Gupta
From India, Panipat
Dear friends,
We have faced a few such cases. We have adopted both the options of i) extending the probation period when we found a fresher did not perform satisfactorily for the post he/she was selected, without any increase like increment. ii) In the second case we did not extend the probation but renegotiated with the concerned and fixed him in a lower post with his consent that he was wanting for that post lest he would have been terminated within his probation period only with a view to help him to retain the employment. Any unwilling employee could always been sent off on under/non performance and even on moral grounds like misbehaviour etc. I don't find any unfair labour practice in adopting these methods otherwise the very purpose of 'probation period' would get defeated. I don't advocate the concept of retaining an employee whether he performs or not.
From India, Bangalore
We have faced a few such cases. We have adopted both the options of i) extending the probation period when we found a fresher did not perform satisfactorily for the post he/she was selected, without any increase like increment. ii) In the second case we did not extend the probation but renegotiated with the concerned and fixed him in a lower post with his consent that he was wanting for that post lest he would have been terminated within his probation period only with a view to help him to retain the employment. Any unwilling employee could always been sent off on under/non performance and even on moral grounds like misbehaviour etc. I don't find any unfair labour practice in adopting these methods otherwise the very purpose of 'probation period' would get defeated. I don't advocate the concept of retaining an employee whether he performs or not.
From India, Bangalore
I think I understand the point that mr. Gupta and umakantha are making.
I, like you, think it is better for the employee to be retained at Lower job insteading of being out of job. This is more true for freshens, but also applies to experienced persons why would find it difficult to survive till he gets a job elsewhere and also explain the gap of 3-6 months.
But it is quiet possible that at a later date, the employee may claim that this was unfair labour practice, he was forced to accept lower wages than promised, etc. So to avoid that problem, it makes sense to terminate him. Inhuman as it may sound, it's better (safer) for the company.
From India, Mumbai
I, like you, think it is better for the employee to be retained at Lower job insteading of being out of job. This is more true for freshens, but also applies to experienced persons why would find it difficult to survive till he gets a job elsewhere and also explain the gap of 3-6 months.
But it is quiet possible that at a later date, the employee may claim that this was unfair labour practice, he was forced to accept lower wages than promised, etc. So to avoid that problem, it makes sense to terminate him. Inhuman as it may sound, it's better (safer) for the company.
From India, Mumbai
Dear Khan,
I am sure your country has laws regarding labour issues as well as your company policies. What I think should have been done was that, the employee should have been given a probationary salary, (which should be different from what the employee will receive when the employee successfully completes the probationary period) so that in the situation where the employee is unable to meet the task and perform satisfactorily during the period, you extend the probation period. Should it be the case that during the extended period, there is no improvement in the performance of the employee, you take out some of the responsibilities of the employee and when the extended period is over, and the performance is still the same, you let the person go. This is just a matter of applying the laid down procedures.
So for instance, the salary for a confirmed staff after probation will be $ 600,and during probation, it will be $450. Should the employee demonstrate the inability of handling the task during the probationary period, the employee stays at the probationary salary till after the extended probation period.
I wish you all the best in dealing with the situation.
Dennis
From Ghana, Accra
I am sure your country has laws regarding labour issues as well as your company policies. What I think should have been done was that, the employee should have been given a probationary salary, (which should be different from what the employee will receive when the employee successfully completes the probationary period) so that in the situation where the employee is unable to meet the task and perform satisfactorily during the period, you extend the probation period. Should it be the case that during the extended period, there is no improvement in the performance of the employee, you take out some of the responsibilities of the employee and when the extended period is over, and the performance is still the same, you let the person go. This is just a matter of applying the laid down procedures.
So for instance, the salary for a confirmed staff after probation will be $ 600,and during probation, it will be $450. Should the employee demonstrate the inability of handling the task during the probationary period, the employee stays at the probationary salary till after the extended probation period.
I wish you all the best in dealing with the situation.
Dennis
From Ghana, Accra
I am sure your country has laws regarding labour issues as well as your company policies. What I think should have been done was that, the employee should have been given a probationary salary, (which should be different from what the employee will receive when the employee successfully completes the probationary period) so that in the situation where the employee is unable to meet the task and perform satisfactorily during the period, you extend the probation period. Should it be the case that during the extended period, there is no improvement in the performance of the employee, you take out some of the responsibilities of the employee and when the extended period is over, and the performance is still the same, you let the person go. This is just a matter of applying the laid down procedures.
So for instance, the salary for a confirmed staff after probation will be $ 600,and during probation, it will be $450. Should the employee demonstrate the inability of handling the task during the probationary period, the employee stays at the probationary salary till after the extended probation period.
I wish you all the best in dealing with the situation.
Dennis
From Ghana, Accra
So for instance, the salary for a confirmed staff after probation will be $ 600,and during probation, it will be $450. Should the employee demonstrate the inability of handling the task during the probationary period, the employee stays at the probationary salary till after the extended probation period.
I wish you all the best in dealing with the situation.
Dennis
From Ghana, Accra
Dear Mr Bannerjee,
Partly you are correct in understanding the point of view of Mr Umakanthan. Since you are already in the profession you must have heard the maxim of lion and lamb relationship which applied if the recourse you advocated was followed leading to unethical and unfair management practice.
The management could take recourse to the following;
a. Ensure that during the period of probation the management had made, on record, reasonable efforts to indicate the employee deficiency in his performance and guide him to improve.
b. Having done so still the management does not find satisfactory improvement in the performance it can terminate the probation and in the same can offer another job of lower level, subject to the express acceptance of the same by the employee unconditionally.
c. In the case of offering the lower job, accepted by the employee the condition of probation has to be waived off, as offer of the lower post has been made on the basis of the performance standard of the employee duly adjudged by the management.
In case the management is keen to offer a lower post with the probation it has to terminate the probation of the substantive post and offer the other one on humanitarian grounds with the probation clause.
But there cannot be the mix of both.
Thanks and regards
S.K.Johri
From India, Delhi
Partly you are correct in understanding the point of view of Mr Umakanthan. Since you are already in the profession you must have heard the maxim of lion and lamb relationship which applied if the recourse you advocated was followed leading to unethical and unfair management practice.
The management could take recourse to the following;
a. Ensure that during the period of probation the management had made, on record, reasonable efforts to indicate the employee deficiency in his performance and guide him to improve.
b. Having done so still the management does not find satisfactory improvement in the performance it can terminate the probation and in the same can offer another job of lower level, subject to the express acceptance of the same by the employee unconditionally.
c. In the case of offering the lower job, accepted by the employee the condition of probation has to be waived off, as offer of the lower post has been made on the basis of the performance standard of the employee duly adjudged by the management.
In case the management is keen to offer a lower post with the probation it has to terminate the probation of the substantive post and offer the other one on humanitarian grounds with the probation clause.
But there cannot be the mix of both.
Thanks and regards
S.K.Johri
From India, Delhi
Extending a probation period for an employee is a common practice and the company has the right. Adjusting the salary or demoting is a decision to be taken after explaining the situation to the employee.
It is to be understood that any employee new or old from another company cultural background needs to be given a \'break in\' period of time to adjust with the new company culture. His or her \'performance reporting\' channels must also be watched and scrutinized for any bias or undue influence of any kind from any peers or superiors, any gender discrimination etc.
Once satisfied with these factors, taking a decision is not difficult.
Dilip Kumar Pillai
From Oman
It is to be understood that any employee new or old from another company cultural background needs to be given a \'break in\' period of time to adjust with the new company culture. His or her \'performance reporting\' channels must also be watched and scrutinized for any bias or undue influence of any kind from any peers or superiors, any gender discrimination etc.
Once satisfied with these factors, taking a decision is not difficult.
Dilip Kumar Pillai
From Oman
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