Hello, Can an employee be terminated with an immediate effect due to his non performance without providing him a prior notice. With regards, Sangeetha
From India, Bangalore
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2From India, Bangalore
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Please let the forum know whether the employee is under probation period or confirmed employee, also let us know the termination clause to give you appropriate view
From India, Ahmadabad
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From India, Ahmadabad
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Termination during the probation period due to non-performance is quite easy. No prior notice needs to be served. But after confirmation, the notice period, as stipulated in the relevant clause in the Appointment letter, needs to be served.
However, keeping in view the principle of natural justice, an employee should be given sufficient opportunities to prove himself in the job. That is why companies are fixing the period of probation. By all means, an employee on probation should not be terminated for non-performance. Give warnings and issue memos. If required, extend his probation period. Termination should be viewed as a last resort.
Thanks.
R K Nair
From India, Aizawl
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However, keeping in view the principle of natural justice, an employee should be given sufficient opportunities to prove himself in the job. That is why companies are fixing the period of probation. By all means, an employee on probation should not be terminated for non-performance. Give warnings and issue memos. If required, extend his probation period. Termination should be viewed as a last resort.
Thanks.
R K Nair
From India, Aizawl
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When the employee is on probation, the management can terminate the employee based on unsatisfactory work performance. Normally, the management will recruit any employee for a minimum performance level of duties relevant to their post. If the performance is lacking, they will give the employee one or two months to improve. Only after this period will they consider termination.
For any employer, employees are required to perform their work; that is why they are hired. If an employee performs poorly, it is within the employer's right to dismiss them. Otherwise, if poor work is tolerated, it will negatively impact the company.
From India, Hyderabad
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For any employer, employees are required to perform their work; that is why they are hired. If an employee performs poorly, it is within the employer's right to dismiss them. Otherwise, if poor work is tolerated, it will negatively impact the company.
From India, Hyderabad
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Dear Sangeetha,
Your doubt needs some basic clarification.
a. Nature & type of employment offered to the employee: (Nature - Temporary, Probation, Permanent, Contract, etc.)
(Type - Managerial, Non-covenanted cadre, etc.) basically to find if there is a Master-Servant relationship exists?
b. Any Certified Standing Order is in force in your Establishment or any manner of Discipline is in force or not in your firm?
c. Any valid Terms & conditions - Contract for employment or Contract of employment?
d. The State where the employee is working?
Answer to your doubt:
i. As a matter of observing the Principle of Natural Justice, you should observe a Notice to the concerned employee and give an opportunity to him to prove his innocence; if the Terms of Employment permit, a domestic Enquiry can be conducted.
ii. If a Notice period for termination is recorded in the Appointment Order, you have to observe this provision with proper grounds.
iii. It is up to you to terminate an employee without Notice, provided the Terms of appointment of the concerned employee, the Code of Conduct, or Certified Standing Orders as the case may be is supporting your decision and over & above the custom and practice prevailing in your firm also should support you for the termination proceedings.
Any doubts can be clarified if required.
With regards,
Jagdish K.
Kochi
9947662384
From India, Kochi
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Your doubt needs some basic clarification.
a. Nature & type of employment offered to the employee: (Nature - Temporary, Probation, Permanent, Contract, etc.)
(Type - Managerial, Non-covenanted cadre, etc.) basically to find if there is a Master-Servant relationship exists?
b. Any Certified Standing Order is in force in your Establishment or any manner of Discipline is in force or not in your firm?
c. Any valid Terms & conditions - Contract for employment or Contract of employment?
d. The State where the employee is working?
Answer to your doubt:
i. As a matter of observing the Principle of Natural Justice, you should observe a Notice to the concerned employee and give an opportunity to him to prove his innocence; if the Terms of Employment permit, a domestic Enquiry can be conducted.
ii. If a Notice period for termination is recorded in the Appointment Order, you have to observe this provision with proper grounds.
iii. It is up to you to terminate an employee without Notice, provided the Terms of appointment of the concerned employee, the Code of Conduct, or Certified Standing Orders as the case may be is supporting your decision and over & above the custom and practice prevailing in your firm also should support you for the termination proceedings.
Any doubts can be clarified if required.
With regards,
Jagdish K.
Kochi
9947662384
From India, Kochi
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Dear All,
First of all, in our HR study, we learn that we try to avoid termination as much as we can because, as we are in human resources, we need to care about the manpower and think about their development.
When we talk about the nature of justice, we should give an opportunity to each one irrespective of whether he is on probation or confirmed (even the basis of our Indian laws is the same).
Secondly, in the case of unsatisfactory performance, there is a corporate process that HR professionals use to follow. They issue a letter about the intimation of the same and the basis of his appraisal. HR professionals identify the reasons for unsatisfactory performance and plan a training and development calendar accordingly if needed, instead of terminating anyone.
Thirdly, let's think in terms of legal ways. If an unsatisfactory performance employee is still terminated, it is very difficult to prove the same in court that he is below performance. The process of appraisal can be challenged in court because most of the appraisal processes followed by companies are one-sided. Many times, his superior only decides whether his performance is good or bad, except the 360-degree feedback theory.
From India, Mumbai
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First of all, in our HR study, we learn that we try to avoid termination as much as we can because, as we are in human resources, we need to care about the manpower and think about their development.
When we talk about the nature of justice, we should give an opportunity to each one irrespective of whether he is on probation or confirmed (even the basis of our Indian laws is the same).
Secondly, in the case of unsatisfactory performance, there is a corporate process that HR professionals use to follow. They issue a letter about the intimation of the same and the basis of his appraisal. HR professionals identify the reasons for unsatisfactory performance and plan a training and development calendar accordingly if needed, instead of terminating anyone.
Thirdly, let's think in terms of legal ways. If an unsatisfactory performance employee is still terminated, it is very difficult to prove the same in court that he is below performance. The process of appraisal can be challenged in court because most of the appraisal processes followed by companies are one-sided. Many times, his superior only decides whether his performance is good or bad, except the 360-degree feedback theory.
From India, Mumbai
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Dear All,
Termination should be the last option, whether an employee is on probation or not. In HR practice, we have a PIP (Performance Improvement Plan), where employee weaknesses and areas of non-performance are identified. The employee is given targets to achieve within a specified period, at most 6 months (this can be during the extension of the probation period); the targets are what was not achieved. The supervisor and the employee should identify the weakness areas and sign the PIP. Support in terms of coaching and training should be given to encourage performance. Where improvement is not seen and there is sufficient proof of no improvement, termination may be applied with fair hearing.
Please read more on Performance Improvement Plans.
From Kenya, Nairobi
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Termination should be the last option, whether an employee is on probation or not. In HR practice, we have a PIP (Performance Improvement Plan), where employee weaknesses and areas of non-performance are identified. The employee is given targets to achieve within a specified period, at most 6 months (this can be during the extension of the probation period); the targets are what was not achieved. The supervisor and the employee should identify the weakness areas and sign the PIP. Support in terms of coaching and training should be given to encourage performance. Where improvement is not seen and there is sufficient proof of no improvement, termination may be applied with fair hearing.
Please read more on Performance Improvement Plans.
From Kenya, Nairobi
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Pretty good post. I just stumbled upon your blog and wanted to say that I have really enjoyed reading your posts. Any way I’ll be subscribing to your feed and I hope you post again soon
From India, Rajkot
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From India, Rajkot
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It is not a good precedent to terminate the employee on performance grounds. Actually, the employee should be trained in the job specified and should be helped again and again to attain perfection.
However, the general rule says that during the probation period, the employee can be terminated with 24 hours' notice. After confirmation, the employee has to be given a notice period as specified by the appointment letter.
From India, Ahmedabad
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However, the general rule says that during the probation period, the employee can be terminated with 24 hours' notice. After confirmation, the employee has to be given a notice period as specified by the appointment letter.
From India, Ahmedabad
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Dear Sangeetha,
Regarding your query, let me clarify that termination is a significant section of the Industrial Employment Standing Order Act and the Industrial Dispute Act. These acts outline specific rules and regulations regarding the termination of an employee. If an employee is found to have misconduct, or is discharged or retrenched during their probation period, the employer has the right to terminate the employee without notice at any time. This also applies in cases of inadequate performance. However, before termination, the employer must provide the employee with a hearing and request an explanation. If the employer discovers a valid reason for the poor performance, the termination may be revoked, or the employee may be given another chance.
Thank you.
From India, Bhubaneswar
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Regarding your query, let me clarify that termination is a significant section of the Industrial Employment Standing Order Act and the Industrial Dispute Act. These acts outline specific rules and regulations regarding the termination of an employee. If an employee is found to have misconduct, or is discharged or retrenched during their probation period, the employer has the right to terminate the employee without notice at any time. This also applies in cases of inadequate performance. However, before termination, the employer must provide the employee with a hearing and request an explanation. If the employer discovers a valid reason for the poor performance, the termination may be revoked, or the employee may be given another chance.
Thank you.
From India, Bhubaneswar
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