Case: The new employee was evaluated on her 5th month and did
not meet the expectation or the requirements which was set by the management with
her prior to starting her first hour of work on her first day. In other words, all expectations were made
known to her during the orientation including the awareness to the company
policies and procedures. Employee Handbook was also discussed and given to her
in which she signed an acknowledgement.
Is
termination of employment and not putting her on a regular employment status
valid and legal? How would you write the termination notice?
Answer: Yes, definitely it is legal
to terminate employment if the probationary employee failed to meet the
expectation of her superior or the management. Just be sure to document the
measures made like the Performance Evaluation , in case of poor performance and
the Daily Attendance Record, in case of poor attendance. It would great too, to
keep note of the warnings given be it verbal or written warning. And that's to
make sure that everything had been done, like giving feedback in order to help
the probationary employee improve her performance.
It is also advisable to evaluate the
Probationary employee on their 3rd and 5th month. The
termination notice should be received at least 30 days prior to its
effectivity. To be safe, use the 30 day notice period.
In the termination notice, be sure to state
the reason why, and the related / referred clause and chapter from the Employee
Handbook.
Template
for Notice of Termination of Probationary Employee
Dear
___________________,
With reference
to Chapter ___, Clause _____of Employee Handbook, we regret to inform you that
you failed to meet the requirements set for the job assigned to you.
Your
performance rating result in the last 5th month of your employment
is not satisfactory, hence, the need to terminate your contract effective ________________.
We
appreciate the service and the time you have willingly shared with the company.
Very
Truly Yours,
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