what if a person in sales do not perform and resign of his own on non-performance and then move to labour court witha a clause that is was pressurised by organisation. would should be the way-in to crub this issue? what could be the process to solve the issue?
From India, Delhi
From India, Delhi
On the basis of Non Performance any organisation can terminate the employee by giving the notice . and if he resign an go to labour court then he must have to submit the proof of being Pressurised . Does he have somr Proof if he has then it's a illegal Activity and he can get the claim
From India, Gurgaon
From India, Gurgaon
We have issued him the show cause notice twice on his non-performance where we told him that if you are unable to perform, will see the alternate of your position and asked him to reply the show cause notice, which he accepted that he will do it or else will not charge salary. In this case, r we at strong place or no? Can we reply the query by attaching the proof?
From India, Delhi
From India, Delhi
Hi
When an employee worked for an organisation, he has to be compensated. If he is not performing and still he continued to be in rolls, there is problem with organisation. Before termination it was to be proved that he is not performing and his argument should be listened (principles of natural justice).
So, talk to him and settle the issue.
Murali.
From India, Hyderabad
3When an employee worked for an organisation, he has to be compensated. If he is not performing and still he continued to be in rolls, there is problem with organisation. Before termination it was to be proved that he is not performing and his argument should be listened (principles of natural justice).
So, talk to him and settle the issue.
Murali.
From India, Hyderabad
Re: Labour Law Issue:
1. Once the employee is not performing as per your expectation/organisation, what are the steps that have been taken by you/organisation.
2. Issue a show cause notice is not sufficient.
3.Working in the organisation without compensation is not at all accepted.
4.Did you provide sufficient time/opportunity to perform well/as per the expectation of the organisation?
Think of it , so that such type of incidence should not happen further.
Secondly:
As you have given notice to your employee did you follow the notice period that one month/two month what ever it is. If yes then you need not to worry.
Thirdly:
He is under pressure to perform well. Once he is not performing as per the expectation and the same has been communicated to him thorugh ssow cause and notice it is well under stood that if he is not performing well within the stipulated period he can be terminated. It is better he has resign.
Clear all his due immediately and ask him to withdraw the application from labour court as out of court settlement.
Thanks and regards,
From India, Mumbai
1. Once the employee is not performing as per your expectation/organisation, what are the steps that have been taken by you/organisation.
2. Issue a show cause notice is not sufficient.
3.Working in the organisation without compensation is not at all accepted.
4.Did you provide sufficient time/opportunity to perform well/as per the expectation of the organisation?
Think of it , so that such type of incidence should not happen further.
Secondly:
As you have given notice to your employee did you follow the notice period that one month/two month what ever it is. If yes then you need not to worry.
Thirdly:
He is under pressure to perform well. Once he is not performing as per the expectation and the same has been communicated to him thorugh ssow cause and notice it is well under stood that if he is not performing well within the stipulated period he can be terminated. It is better he has resign.
Clear all his due immediately and ask him to withdraw the application from labour court as out of court settlement.
Thanks and regards,
From India, Mumbai
I understand that you dont have any labour consultant that is why you hard letter written to him, indicates pressure on the employee, the employee will definately win the case. Can you send the copy of such show cause notice to the forum, so that we can give you proper suggestion accordingly.
shish uniyal
compliancce consultant
09811681660
From India, New Delhi
shish uniyal
compliancce consultant
09811681660
From India, New Delhi
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Bahrain labour law 2012 - 15052013.pdf
Emergence of Labour Law.doc
Labour Law- PPT.ppt