A Trainee Test Engineer who joined us last month is not regular. He has not shown up since the last 5 days- he is on probation. The reporting Manager and the HR had given him warning but not in written format.
Can we terminate his employment/ traineeship? Our terms and conditions clearly states the following:
PROBATION
You will be on probation for a period of up to three months during which time your progress will be monitored. Provided a satisfactory standard is achieved and maintained your employment will be confirmed. In the event of unsatisfactory progress your employment will not be regarded as confirmed. ICS reserve the right to either extend your probation or, if necessary, terminate your employment either during or at the end of probation.[/B]
From India, Madras
41Can we terminate his employment/ traineeship? Our terms and conditions clearly states the following:
PROBATION
You will be on probation for a period of up to three months during which time your progress will be monitored. Provided a satisfactory standard is achieved and maintained your employment will be confirmed. In the event of unsatisfactory progress your employment will not be regarded as confirmed. ICS reserve the right to either extend your probation or, if necessary, terminate your employment either during or at the end of probation.[/B]
From India, Madras
Yes, you can terminate his employment because he was off from work without informing or with out any permission. Absenteeism also is a code of Conduct, so without hesitation, you can give him a pink Slip i.e., terminate him.
From India, Ahmedabad
From India, Ahmedabad
I think that since the employee is on probation and on the basis of the attendance register you can fire him.
Also to back it up, check out if he has informed his manager without the information of the HR.
From India, Bangalore
Also to back it up, check out if he has informed his manager without the information of the HR.
From India, Bangalore
You cannot terminate a employee without giving him warning lettter. You have to issue at leat three warning letters before terminating him, unless it will make issue in the labour court.
From United States, Cincinnati
From United States, Cincinnati
This is wrong. For an employee who has not yet confirmed, you don't need to serve warning letters and also he is absent from his services for 5 days. You have enough reason to terminate the guy and also all the appointment letter specifies that in the probation period employee can be terminated immediately.
From India, Bangalore
From India, Bangalore
He can certainly be fired. Any employee who has signed the `employment terms & conditions `or employment agreement` is bound to behave within pre-defined conditions, failing to meet these conditions give an absolute right to organization to terminate the employee in question. Filing a legal case is a different side of coin, winning it other. Don't hesitate to implement your company policies coz of such `no-grounds` legal apprehensions!
From United States, Newport Beach
From United States, Newport Beach
Dear Priya,
Under Labour law if the person is under probation and his attributes are in line with expectation of the organisation, then company can terminate the appointment with immediate effect without mentioning the reason for termination. The purpose of not mentioning the reason for termination, is that he do not find difficulty in future employment and his interest for future employement to other companies is safe guarded.
So you can go ahead with termination, simultaneously you can ask resignation letter once he back to work.
Thanks & Regards
Amal Shere
From India, Mumbai
Under Labour law if the person is under probation and his attributes are in line with expectation of the organisation, then company can terminate the appointment with immediate effect without mentioning the reason for termination. The purpose of not mentioning the reason for termination, is that he do not find difficulty in future employment and his interest for future employement to other companies is safe guarded.
So you can go ahead with termination, simultaneously you can ask resignation letter once he back to work.
Thanks & Regards
Amal Shere
From India, Mumbai
You can if your appointment order says so and also check whether it is habitual absence or occassional, sometimes it may be absence on medical grounds.You can't take drastic action if it is on medical grounds. Follow the principle of natural justice, send a show cause notice (Reg post).
Regards
Srikanth
From India, Madras
Regards
Srikanth
From India, Madras
I agree with Mr. Parmar, even if he is on probation he must be given due process. First ask the manager and HR if the employee informed them that he will be absent for 5 days. What is the reason for his absenteeism? If he did not made the information give him a letter of "Notice to Explain", he can be charge for Absence without official Leave. After the explanationm its up to you to decide whether it can be treated as a warning or ending his probationary status. In our case the said absenteeism will be reflected in his performance evaluation before his probationary status ends. If his score didn't meet the required grade then he will be given a non-regularization notice.
Kindly remember that in any termination process it is very important to always document everything so you will not have any problems with the Labor court.
Good Day.
Carmie
From Philippines
Kindly remember that in any termination process it is very important to always document everything so you will not have any problems with the Labor court.
Good Day.
Carmie
From Philippines
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