Terminating a probationary employee is a highly sensitive tasks for an HR manager. Although the probationary period is meant to evaluate a new hire's fit, legal requirements must still be adhered to to avoid costly litigation.
Why Use a Probationary Period?
The primary goal of a trial period is to determine if the individual demonstrates the required skills and cultural fit for the permanent role. Generally, this period ranges from three to six months. In this window, the employer can track behavior closely.
Understanding the Legal Framework
Many people wrongly believe that companies can fire someone without any reason during probation. However, statutes regularly require a minimum standard of conduct.
The Employment Agreement: Ensure that the employment contract explicitly states the duration of the probation and the termination requirements.
Constructive Criticism: You should provide regular updates so the employee understands where they are failing.
Human Rights Compliance: Regardless of probation, dismissal termination of probationary employee cannot be based on protected characteristics.
The Proper Dismissal Process
When it is evident termination of probationary employee that the probationary staffer is unsuitable, using a formal approach is essential.
Document Everything: Keep notes of missed targets. Documentation is termination of probationary employee your best defense if a claim arises.
Provide Notice of Concerns: Offer the employee an opportunity to course-correct. In some cases, a formal meeting can fix termination of probationary employee the issue.
The Termination Meeting: Hold a private meeting to notify the employee of the decision. Be clear but empathetic.
Common Pitfalls to Avoid
Avoiding common mistakes can protect the company from legal headaches.
Delaying the Decision: If you delay until the end of the probation period is over, the employee may automatically gain full employment rights.
Lack of Clarity: Guarantee that the expectations set for the probationer are the same as those set for others in the same position.
Failing to Notify: Always, you must provide the contractual pay in lieu of notice unless gross misconduct.
Conclusion
The termination of a probationary employee is never easy, but it is termination of probationary employee sometimes unavoidable for the success of the business. By proceeding with integrity and complying with local labor laws, management can manage these transitions smoothly. Always speak with legal counsel to ensure your procedures are up to date.