Can the employer terminate you on or before the end of the probationary period?
Read the appointment letter carefully and check the
Provisions stated in the letter of termination in the probation period. “During the probationary period, either party may at any time terminate the contract of service without notice” many employers simply make use of the clause to terminate the service of a probationer whom they find to be not to their liking.
In probation period company can terminate without assigning any reason, but for that appointment letter must indicating that clause clearly.
The purpose of placing a person on probation is to try him during the period of probation to assess his suitability for the job concerned. It is well settled that an order of discharge or termination simpliciter is not an order of punishment and therefore, there is no question of giving hearing before termination of his service. However, if a employee who is on probation or holding an appointment on temporary basis is removed form services with stigma because of some specific charge, then the plea that his service was temporary or his appointment was on probation is not sustainable. In such a case, it is necessary for the employer to hold an enquiry affording him an opportunity to show that the charge levelled against him in either not proved or is without any basis. The employer's right to terminate the service of a probationer, during and at the end of the probationary period, without anything more was recognised. It will be totally meaningless to refer to a person's employment on probation if the management has no right to terminate the service during probation and to insist that services of such probationer could be terminated only on the ground of proved misconduct.
if a person is an employee on probation, it is inherent power of the employer to terminate during or at the end of probationary period. Of course, such termination or discharge should be termination or discharge simpliciter and it should not carry any stigma or disability for the concerned workman or employee to secure employment elsewhere.