The question posted by vanisreenath is explicit in my view and ask for a legal opinion on the issue. The employee is on three months probation. His performance is not satisfactory even inspite of caution to him during one and half month probation period. YES, HE CAN BE TERMINATED WITH EMMIDIATE EFFECT. IT IS LEGAL IN OBSOLUTE TERM. But, he has to be paid salary for the number of days he has worked.
From India, Delhi
From India, Delhi
Dear Friend
Consider if your are in same situation. The person is not performed his responsibilties but not deal with any illegal activites.
The probation period is 6 (six) month. Incase performance not satisfactory you can extend his probation period as per your appointment terms and condition.
Regards
Raveesh
From India, Manipal
Consider if your are in same situation. The person is not performed his responsibilties but not deal with any illegal activites.
The probation period is 6 (six) month. Incase performance not satisfactory you can extend his probation period as per your appointment terms and condition.
Regards
Raveesh
From India, Manipal
Hi all,
I will agree with Mr.Malik Need to Issue notice and then only termination.
But have you given any Initial Job Training. Why beacuse you are saying the candidate is one and half month with you, how you evaluate a candidate performance with in the 45 days.....? However you can terminate his services with immediate effect after the notice with in the Probetion Period.
D N Pavan
HR - Executive
From India, Hyderabad
I will agree with Mr.Malik Need to Issue notice and then only termination.
But have you given any Initial Job Training. Why beacuse you are saying the candidate is one and half month with you, how you evaluate a candidate performance with in the 45 days.....? However you can terminate his services with immediate effect after the notice with in the Probetion Period.
D N Pavan
HR - Executive
From India, Hyderabad
Hi,
First questions first, Has he been given the right enviornment to perform, has he been conveyed the right KRA's and his expectations. If the same has been done and he forewarned and still sees no signs of amelioration then the best would be to have a golden handshake with this employee.
Regards
Fabian D'Mello
From India, Mumbai
2First questions first, Has he been given the right enviornment to perform, has he been conveyed the right KRA's and his expectations. If the same has been done and he forewarned and still sees no signs of amelioration then the best would be to have a golden handshake with this employee.
Regards
Fabian D'Mello
From India, Mumbai
Hi Friend,
In my views we can terminate the employee in probation period, but before that we have to find the actual problem why that employee is not performing may be he is not clear for his job descreption and responsibilit due to lac of induction because same problem one of my good friend faced. But if he is willing not doing good than there is no use to west time.
Regards
Simran
From India, Delhi
In my views we can terminate the employee in probation period, but before that we have to find the actual problem why that employee is not performing may be he is not clear for his job descreption and responsibilit due to lac of induction because same problem one of my good friend faced. But if he is willing not doing good than there is no use to west time.
Regards
Simran
From India, Delhi
Hi all
If you have stipulated in the initial contract of employment,that either party can terminate the contract during the probation period,
Legally,you will be right to terminate him/her as long as you have taken corrective measures to inform the employee,either through counselling or formal warning.
You have taken corrective measures such as coaching.But also give him/her enough time to reveals his/her knowledge,to me as a HR person,this period is too short to judge someone,and make sure you have evaluated the employee based on the agreed goals and make sure those goals are realistic and achievable.
We,proactive HR we are here to help employee to deliver by given them all necessary assistance.
With best regards
Elisante Yona.
From Tanzania
If you have stipulated in the initial contract of employment,that either party can terminate the contract during the probation period,
Legally,you will be right to terminate him/her as long as you have taken corrective measures to inform the employee,either through counselling or formal warning.
You have taken corrective measures such as coaching.But also give him/her enough time to reveals his/her knowledge,to me as a HR person,this period is too short to judge someone,and make sure you have evaluated the employee based on the agreed goals and make sure those goals are realistic and achievable.
We,proactive HR we are here to help employee to deliver by given them all necessary assistance.
With best regards
Elisante Yona.
From Tanzania
Hi,
Is it fair enough to terminate the employee who has been recruitted just one and half month ago, stating that his performance is not satisfactory. Kindly find out what Job description is handed over to him during the joining and carefully evaluate each job and understand the gap. I understand that 10/10 may be requiring the immediate corrective action but 5/10 only requires training and subsequent counselling if some attitude issues are evolved. We are recruiting the human resource after couple of careful assesment, not just simply taking the resource on daily basis.
So, what I would request you is that, explain him about the expectation and necessity of fullfilling the expectation and aprise him about the consequences if he is not fullfilling the expectation.
Give him due course of time to comply the requirements.
Respect his feelings!!!
Greatman shows their grateness by the way, they treat little ones!!!
From India, Madras
Is it fair enough to terminate the employee who has been recruitted just one and half month ago, stating that his performance is not satisfactory. Kindly find out what Job description is handed over to him during the joining and carefully evaluate each job and understand the gap. I understand that 10/10 may be requiring the immediate corrective action but 5/10 only requires training and subsequent counselling if some attitude issues are evolved. We are recruiting the human resource after couple of careful assesment, not just simply taking the resource on daily basis.
So, what I would request you is that, explain him about the expectation and necessity of fullfilling the expectation and aprise him about the consequences if he is not fullfilling the expectation.
Give him due course of time to comply the requirements.
Respect his feelings!!!
Greatman shows their grateness by the way, they treat little ones!!!
From India, Madras
There had been lot of opinion on "probation period" and "termination during probationary period". Those who are in HR know very well that probationary period is as stipulated in offer of appointment. The termination of employee in absolute term of probationary period as specified in offer of appointment will be legal action and no issue will be sustainable in courts from employee angle. However, "any action" on ground of misconduct which include poor performance, dereliction of duty, or any other issue which fall under disobedience in administrative law will be unjustified against an employee with out a show cause, opportunity of explanation and enquiry by the competent authority and his final order, will amount "not giving natural justice to the employee". I had opportunity to be member and presiding officer on many court of enquiries, demostic enquiries and other such forum of decision making during my 36 years executive management career. In my view, HR Manager has to be very clear in his mind before taking a hard decision like of "Termination". Is it in compliance of terms of offer of appointment letter or on the basis of poor performance which is like dereliction of duty which will require process of natural justice. Here emotions do not take part in decision making but take a case of ZERO TOLERANCE which will be Top management guiding factor. As such, you have to decide it on the basis of these two factors.You should also note that courts intervention may come in between if your decision has not been correct and legal in obsolute term in this regard.
Chandrabhan Gupta
CEO-EUROPE CERTIFIED
From India, Delhi
Chandrabhan Gupta
CEO-EUROPE CERTIFIED
From India, Delhi
Dear All,
There is a situation in a company that they hired some fresher and trained them on XML tagging. Since the cost is involved in training at the time of hire employer had ask the employee sign 1yr bond most of the employee agreed and signed. Now there is one particular employee instead of sign 1yr bond he agreed willfully to submit his original marks card till the completion of 6 months. After 2month there was a new HR. she formulated many policies and also got above statement drafted in letter head and got it signed by that particular employee in order to document it. Employee in his 4 month of tenure onwards asking for marks card to join some regular course. Mean while he had already received 1 written warning letter followed by many verbal warning for poor performance, late coming, and habituated unauthorized leaves. Many times Hr had counciled and mentored him but his behavior not changed that was also affecting other employee’s behavior. Asked written explanation for every unauthorized leave (not even a call) and documented which were not for sick reason. Now management had decided to terminate him as he is nothing but liability more over he is also not intersted. He still has 28 due to complete his 6 month so, last month salary has been adjusted with this and after deducting sick leaves of 6 days, he has asked to pay 24 days Gross salary and take his marks card.
My doubt is asking him to pay and collect is marks card is it valid and legal in the eyes of law.
From India, Bangalore
There is a situation in a company that they hired some fresher and trained them on XML tagging. Since the cost is involved in training at the time of hire employer had ask the employee sign 1yr bond most of the employee agreed and signed. Now there is one particular employee instead of sign 1yr bond he agreed willfully to submit his original marks card till the completion of 6 months. After 2month there was a new HR. she formulated many policies and also got above statement drafted in letter head and got it signed by that particular employee in order to document it. Employee in his 4 month of tenure onwards asking for marks card to join some regular course. Mean while he had already received 1 written warning letter followed by many verbal warning for poor performance, late coming, and habituated unauthorized leaves. Many times Hr had counciled and mentored him but his behavior not changed that was also affecting other employee’s behavior. Asked written explanation for every unauthorized leave (not even a call) and documented which were not for sick reason. Now management had decided to terminate him as he is nothing but liability more over he is also not intersted. He still has 28 due to complete his 6 month so, last month salary has been adjusted with this and after deducting sick leaves of 6 days, he has asked to pay 24 days Gross salary and take his marks card.
My doubt is asking him to pay and collect is marks card is it valid and legal in the eyes of law.
From India, Bangalore
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Employee Appraisal Form new.doc