Dear Senior,
We have appoint a employee to 7the December'2011 on a probation period. Now I want to exit of that employee due to his poor performance. Now he say that if you exit me from the company than you have to pay one month salary. He also thred me for labour office.
Kindly give your valauable suggestion quickly.
With thank & Regards
Pulkit

From India, New Delhi
If he is on probation, and you have taken his acceptance copy of appt letter with this probation clause, you could process his termination. But, ensure that he must has intimated in written in past for his poor performance which will help you incase of legar action. I would suggest you to extend his probation for next two months with warning to improve his performance. Set some benchmark. This will not make any legal liability on you.
Regards,
Kajal

From India, Ahmadabad
this is a very short duration to assess any employee. Being in HR, you should speak to him to know reason for his poor performance, and give him some training to improve his performance. This is real HR practice rathern than terminate anyone.
From India, Ahmadabad
Taking 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 an 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 with a positive mind set. Even after best of your efforts he has not changed himself then you can think of your alternatives.
Do not forget that its easy to remove and hard to change and make others change.
Regards,
Dayal

From India, Hyderabad
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 record which will be useful for your future actions. I believe 15 days is very short period, the time what you are talking is not sufficient to complete his induction and locate his work area and works hence better to wait for some more time. A minimum of one month to understand the work, culture & team, to accustom to the new atmosphere & deliver the requirement will take a minimum of 3 months hence don't be in hurry. If you are very confident that he may not suits to your requirement then build the case, try to impart more training, build the documents and then take action.
The basic point what you should understand is that you have to strengthen the recruitment / assessment process because the employee whom you have recruited is failed to perform and able to assess in a span of 15 days.
Regards - kamesh

From India, Hyderabad
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
In my knowledge, an employee may take min 3 months to get into the system, develop intra-personal affairs, understanding the job in proper perspective in line with the management policies, etc. In the era of PMS, the cooperation from peers is very limited and the new joinee has to encounter all the hassles to prove his/her mettle. Therefore, a wise decision has to be taken while terminating an employee during the probation period.
Pon

From India, Lucknow
[I]@ Kajal , Kamalesh, Dayal
Will you guys please tell me can you people follow the same procedure for the probationer if his performance is not reached to managements requirement?????? can management allow you to spend more time to develop probationers performance????? If you spend more time in giving training to probationers then who will run the company?????? and by the way probationer is not working as a trainee he is in organization to fill permanent vacancy ....... @ Pulkit make his Probation period extended for two months with giving notice to him non satisfactory performance and even if in those two months he will not improve his performance as per Managements requirement then do not worry to terminate him.
Amol Deokar
Manager HR
Ahmednagar

From India, Mumbai
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
Dear Anil,

I appreciate your god gifted knowledge for Training & Development......, and even I don't mind for 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 personally)

1) Probation means:- 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 clear one thing from your god gifted knowledge probation period starts from after completing training period and then will goes in probation whatever the duration then also you think need to give time for training and development then what is the meaning of training period or probation period.I think 1 year 6 months is not sufficient for gaining knowledge of assigned job according to you, so there is need of more training......I am not said that not need of training & development but it should for those peoples who can learn faster. Dear Anil I have suggestions for you please fill all the vacancy in your company by probationers on the experienced designations and give them training till they get experienced and see how your management appreciate you.

2) I know only HR dept is not the machinery on which company is run there are many contributions by other departments also....but can you run your company without HR department if they are spending more time on training and development then who should done legal compliance, Recruitment And selection, Payroll, and HR related activities.

3) and for your kind information when we take people on probation to fill the permanent vacancy in future that person is already experienced in the particular field that's why we offer him probation period and if experienced person needs training more than Six months then what is the sense in offering job to him.....Dear Anil please think Management point of view you will get exactly what i want to say.....need to brush-up your knowledge.........

4) do behave like good human being don't blame on others Knowledge & Position without knowing him....it shows your behavior towards work & Incapability.

5) I am not demoralizing new candidates I just speak with them a truth that is if you want to growth in your professional career then be a fast learner then only you can grab good opportunities.

6) Training and development is also important but there are few limitations.

7) Dear Anil you are posting you view on very known cite on there very senior peoples post there views so please keep in mind do not blame directly to any one. Just Share your views it may be right or wrong.

Do not take personally

Regards,

Amol

From India, Mumbai
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