In case the employer needs to terminate a permanent employee (has served 6 months) for non performance, is it necesarry to give him notice period compensation.
Although he was intimated about his performance, and was given the verbal notice for 1month to improve. Even clause is mentioned in offer letter stating that employer can terminate in case of misconduct, ineffciency, disobey of the rules n regulations.
Pls guide,do the employer has the right to taken an action of terminating him. If yes do we need to give him the experience n releiving letter too in such case.
Pls suggest if any other step can be taken.
Thanks,
From India, Delhi
Although he was intimated about his performance, and was given the verbal notice for 1month to improve. Even clause is mentioned in offer letter stating that employer can terminate in case of misconduct, ineffciency, disobey of the rules n regulations.
Pls guide,do the employer has the right to taken an action of terminating him. If yes do we need to give him the experience n releiving letter too in such case.
Pls suggest if any other step can be taken.
Thanks,
From India, Delhi
Related with mentioned subject matter , we should take the following steps
( only based on my knowledge & experience)
(1) Firstly we should have proper assessment policy & record
(2) Should officially inform the employee about the policy in advance
(3) Should include respective employee\'s acknowledgement on his or her performance appraisal result
From Myanmar
( only based on my knowledge & experience)
(1) Firstly we should have proper assessment policy & record
(2) Should officially inform the employee about the policy in advance
(3) Should include respective employee\'s acknowledgement on his or her performance appraisal result
From Myanmar
sheetu121, if you are an HR professional,
did you read Industrial disputes act...
is the person under probation ?
how many years of experience does the person have, in same area both within and prior to your company ?
what are the assessment methods deployed ?
some companies have an outplacement, do you have a similiar arrangement...
at one of my former employers (a leading global co) only HR reserved the right to terminate services... once a person had been declared redundant or had a behavioural issue with his manager or even unfit to perform the said job etc.. the employee was first of all transferred to HR "cost center"... we used to arrange different trainings/ and provided opportunities within the company to work for other workareas and even other departments....we used to take normally 6 months to say goodbye to a person...
From India, Delhi
41did you read Industrial disputes act...
is the person under probation ?
how many years of experience does the person have, in same area both within and prior to your company ?
what are the assessment methods deployed ?
some companies have an outplacement, do you have a similiar arrangement...
at one of my former employers (a leading global co) only HR reserved the right to terminate services... once a person had been declared redundant or had a behavioural issue with his manager or even unfit to perform the said job etc.. the employee was first of all transferred to HR "cost center"... we used to arrange different trainings/ and provided opportunities within the company to work for other workareas and even other departments....we used to take normally 6 months to say goodbye to a person...
From India, Delhi
From the legal perspective, it all depends up on the terms of the contarct of service with the employee. If it stipulates that his services can be terminated for unstaisfactory performance with some notice period, you can terminate his service by giving such notice period. However such termiations are also fraught with risks of being termed malafide or effceted with bad motive unless the employer is not careful with his conduct through out the process leading to the termination.
B.Saikumar
HR & Labour Law advisor
Mumbai
From India, Mumbai
B.Saikumar
HR & Labour Law advisor
Mumbai
From India, Mumbai
hI sHEETU,
I AGREE WITH MR.SAI KUMAR in this regard. Always it is better to record his non-performance rather than telling orally, as the record can always be shown as evidence in any court of law. You have to build up records in this case to protect the company and yourself. Otherwise, as Sri Saikumar says the termination will be interpreted as malafide. One has to feel his way cautiously in this regard to avoid further complication.
M.J. SUBRAMANYAM, BANGALORE
From India, Bangalore
I AGREE WITH MR.SAI KUMAR in this regard. Always it is better to record his non-performance rather than telling orally, as the record can always be shown as evidence in any court of law. You have to build up records in this case to protect the company and yourself. Otherwise, as Sri Saikumar says the termination will be interpreted as malafide. One has to feel his way cautiously in this regard to avoid further complication.
M.J. SUBRAMANYAM, BANGALORE
From India, Bangalore
Hello,
As that employee has already complete his 6 months and if as per your policy he has finished his probation period then you have to give him one month notice and experience and relieving letter.
From India, Pune
As that employee has already complete his 6 months and if as per your policy he has finished his probation period then you have to give him one month notice and experience and relieving letter.
From India, Pune
In your message saying that the employee is coming under the permanent employee role . What is your terms and condition of your appointment order if directly selected in permanent roll then you verify the terms and conditions clause under termination.
If directly appointed in permanent role there is no possibilities to say the reason for termination "non performance" we must give opportunity to improve the performance the opportunity must be recorded both of them ( training/ discussion with respective department head).
PXR
From India, Pondicherry
If directly appointed in permanent role there is no possibilities to say the reason for termination "non performance" we must give opportunity to improve the performance the opportunity must be recorded both of them ( training/ discussion with respective department head).
PXR
From India, Pondicherry
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