sathish.matopat
1

hi all,
i would like to get some advice regarding we would like to fire 10+ employees without notice ., is it possible to fire all of sudden .,
if there is any policy / law we are violating ?
pls suggest me how to fire employees without notice?
and if there is law means ., pls share me
due to less orders for process, we are not able to retain the employees so, that we would like to fire the employees.
thks

From India, Coimbatore
kumaracme
421

when you firing without notice you are violating all fundamental rights of an individual and also all laws of this country. you need to following the process of fair conduct of domestic enquiry where the guidelines of principle of natural justice ensured.
From India, New Delhi
nathrao
3131

I would like to ask a counter question,
Would you like to be fired without notice??
""pls suggest me how to fire employees without notice?""
Forum members are here to guide people the right ethical way of sorting out problems.Do not expect Honble members to give you advice on actions which violate fundamental rights,ethics and all industrial rules.
If you are firm/organisation is not getting sufficient orders,please brief the workers,give them notice and some time to look for alternative vocations/jobs.
Suddenly terminating them for business vagaries is poor management and leadership style.
Do not mind my frank words.

From India, Pune
mnj.tiwari
9

Dear Nathrao,
Meet individual employees one and one and share the situation clearly, as to why the company do not require there service, and ask for golden handshake. First of all read the appointment letter carefully, check as they are confirmed employee or are on probation period. It is better to counsel them with the option of giving one month notice period in lieu thereof if the clause are there in appointment letter. or please share the following details for better guidance;
What kind of organization you are in?
What kind of employee are?
Is there any union or association??
Is there any complaint against them?
What are the employment conditions you have agreed at the time of appointment, read appointment,
Is your company covered under standing order act?
Is there any grievance redressal system exist in the company and how the system fails to monitor the things, which forcing you to fire them out.

From India, Gurgaon
fc.vadodara@nidrahotels.com
734

Apart from the above members advise, if your company wishes for retrenchment kindly type retrenchment on the Tab "WHAT YOU NEED" on top of this page. You will get plenty of views mentioned therein. If you are willing to take views apart from that for retrenchment please let us know
From India, Ahmadabad
nathrao
3131

""or please share the following details for better guidance;"" Dear Mnj.Tiwari, I have not raised this query. Query was raised by Shri Satish.Matopat. Only he can answer your questions/
From India, Pune
siddeswaramn
3

Sir, You are an HR Manager. HR Manager has to be dual adviser. please make this situation as win win situation for both the parties.
From India, New Delhi
nathrao
3131

Siddeswaramn,
HR managers are generally advisors only.
Decision to hire or fire is by top management.
In such a situation when unilateral shortsighted decision is taken -fire 10 employee-find any reason but we do not want to hear anything,the HR manager himself is placed in total awkward position.
If he quotes rules/laws,then his job also will be in danger.
The management may decide to get another HR manager who will find ways to do what higher management wants.
Fear of losses due to lower order status may have created panic in mind of decision maker/s and thereby the decision is being taken.
Now someone mature and knowledgeable should be able to explain that lean times come and if we brief the workers about financial position,they will understand things in better light.
company can give them options of lesser work and therefore lesser pay for some time or giving unpaid leave etc.
Basically the management will have to show leadership of higher order to overcome such crisis situation.

From India, Pune
amodbobade
80

Hi,

Sometimes win-win situation requires many adjustments... from both sides.....

Look at the news of Technip offshore firing 6000 employees due to the same reason.

Offshore company Technip cut 6,000 employees | Maritime News

Many companies do this & still in an ethical way, so there is nothing wrong in asking this question on the forum on how to do this....

It is not a good idea for company (& also for employees) to give this bad news in advance, when a big number of employees are involved. The mass disappointment can take very bad turns.

Also, a big number of employees on group notice period can be big risk for business in hand for the company.

If the reason is really 'lack of work', then it is not 'all of a sudden'.... I am sure employees are already aware that there is no work & some retrenchment is expected. The issue is, if you make it a public news too early, then the performing staff will easily find another job, & useless staff will remain, to whom you cannot fire then. This affects what small business is available with company.

So, sometimes it is better to not make this news public too early.

Only important thing is to compensate the employees with proper remunerations for the notice period or sustenance period, as per the contract...... Even if this is not "required" as per the contract, considering the service received from these employees, you can think of additional benefits to cover this period for the employees sustenance (Like payment including HRA for the notice period).

Best Regards,

Amdo Bobade


nathrao
3131

Business is known for ups and downs.

Vagaries of business is what makes it unpredictable.

Sometimes when there is prolonged periods where orders are not forthcoming,company may have to retrench.

While retrenching is always painful,steps can be taken to reduce pain.

Lay off people closer to retirement,total new comers can also follow.

Give the workers as advance a notice as possible so that they can look around for jobs.

Try and consider a VRS scheme or transfer to group companies if possible.

People are the real resource for any company and they should not part with them so easily.

Tomorrow the situation may turn around and you will not get skilled workers so quickly.

Re skilling can be a thought/idea to be explored.

Dont use temporary downturns as an opportunity to let people go.

Take considered decisions and see whether the company can weather the storm.

It may be easy to let go in crisis but if you hold on the workers will show double loyalty as they are aware that inspite of problems the company was welfare oriented enough to struggle but held on to people.

From India, Pune
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