Terminating a probationary employee is one of the most sensitive tasks for an HR manager. Although the probationary period is designed to evaluate a new hire's performance, legal requirements must still be adhered to to avoid costly litigation.
The Purpose of Probation
The main objective of a trial period is to determine if the new recruit demonstrates the required skills and attitude for the permanent role. Typically, this period ranges from 90 days to half a year. During this time, the employer can track behavior carefully.
Key Legal Considerations
It is a common misconception that employers can fire someone without any reason during probation. However, labor laws regularly require a minimum standard of conduct.
The Employment Agreement: Verify that the employment contract clearly defines the length of the probation and the termination requirements.
Constructive Criticism: You should provide ongoing feedback so the employee is aware where they are failing.
Human Rights Compliance: Even during probation, dismissal cannot be motivated by discriminatory factors.
Steps for a Fair Termination
When it becomes clear that the termination of probationary employee new hire is unsuitable, using a formal approach is best practice.
Maintain Detailed Records: Save notes of performance issues. Evidence is your best defense if a dispute arises.
Provide Notice of Concerns: Provide the employee a chance to improve. Sometimes, a formal meeting can resolve the issue.
The termination of probationary employee Final Discussion: Hold a private meeting to notify the employee of the decision. Be firm but professional.
Common Pitfalls to termination of probationary employee Avoid
Preventing common mistakes can save the company from unnecessary stress.
Delaying the Decision: If you delay until after the probation period is over, the employee might automatically termination of probationary employee gain full employment rights.
Inconsistent Standards: Ensure that the goals given to the probationer are the same as those given to others in the same position.
Lack of termination of probationary employee Notice: Always, you must give the contractual notice unless serious breaches.
Final Thoughts
The termination of a probationary employee is rarely pleasant, but it is sometimes necessary for the growth of the team. By acting with fairness and aligning with legal standards, organizations can manage these situations effectively. It is wise to speak with an HR professional to confirm your procedures are up to date.