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Dear All,

I have a query regarding the termination clause for a confirmed employee. If an employee is terminated due to non-performance and the company does not want him to serve the notice period, is the company liable to provide an advance of one month's salary?

Kindly shed some light on this matter.

Thanks.

Regards,
Aarti Khanna

From India, New Delhi
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Dear Aarti,

To my knowledge, the company is not liable to pay for one month, as this does not fall under normal termination. Usually, there is an article in the termination clause of the employment contract which states that the company reserves the right to terminate the employment agreement with or without notice in cases of gross misconduct, disciplinary issues, poor performance, violation of ethical standards and/or community values and standards, fraud, etc. The service of the employee with the company will be terminated with immediate effect.

Best Regards,

Sameer

From Afghanistan, Kabul
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fine, hopefully it should be mentioned in the letters. Then only it is applicable. Regards Aarti Khanna
From India, New Delhi
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But I think before we terminate on the basis of poor performance, you need to have a solid written proof. For example, in his career, you should have given him some warning letter(s) regarding his poor performance while evaluating him and explained to him.

Kiran Nampally

From Oman, Muscat
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According to me, the details on termination should be given in the appointment letter if a company wants to terminate an employee due to poor performance. As Kiran has rightly pointed out, you must have solid written proof of the same before terminating.

Thanks,
M. Kannan

From India, Madurai
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Hi Aarti,

First of all, when terminating someone, certain points must be taken into consideration. On what grounds are we terminating him? For poor performance, disciplinary matters, breach of law, etc. Whatever the reason may be, he must be asked to provide his explanation for the allegations against him. According to natural justice, everyone has the full right to present his side/opinion to protect his job.

Whether it is included in the letter of appointment, he must be asked through proper notices for the allegations proposed against him. In cases of termination, only on the basis of the appointment order's clause, the court can have a sympathetic view towards the terminated employee, and this may work in his favor.

So, based on my knowledge, in cases of terminating confirmed employees for various reasons, please consider all possibilities before making any further decisions.

Regards,
Atul Malve

From India, Sholapur
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Hi,

As rightly mentioned by Atul Malve, there should be some justification for terminating any employee. First of all, is the employee provided with the job description? What are his/her key result areas? What was his previous performance, and what actions have his seniors/superiors taken to improve his performance? Has this information been effectively communicated to the employee, and has his confirmation been obtained?

Above all, we should not forget that we are dealing with human beings. Termination is not a trivial matter. The message conveyed to the co-employees through the termination is crucial. If other employees perceive it as victimization, it can lead to significant issues and instability among the workforce. Therefore, it is essential to handle such situations carefully. If the employment contract specifies a one-month notice period, it is advisable to honor it by paying the one-month notice and ensuring a clear exit. This approach helps mitigate legal implications and provides the employee with an opportunity to search for a new job.

Thanks and regards,
Kamesh

From India, Hyderabad
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Dear All,

This is what was quoted by Aarti: "If an employee is terminated on the basis of non-performance and the company doesn't want him to serve the notice period even." I think the question is not about what measures should be followed before terminating an employee; the question is about whether, if an employee is already terminated due to poor performance, the company is liable to pay for the notice period or not???

Best Regards,
Sameer

From Afghanistan, Kabul
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Hi,

I am giving my comments for the first time. As an HR Manager, I would like to focus more on the preventive side. In every company, there is a probation period, and it is during this period that we should assess the team member's ability to perform. This evaluation encompasses both attitude and skills.

If the individual does not meet the required level, terminating them during the probation period is the best solution, as there will be no need to pay any compensation.

From Singapore, Singapore
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Thanks for all your views.

But what about the person on confirmation? I think it's the management of the company who plays a major role in formulating the policies and molding them too. It's mainly at their discretion.

But in any case, does the company need to pay any kind of salary for a confirmed employee upon termination?

Regards,
Aarti

From India, New Delhi
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