Hi All,
I am new to this forum please correct me if am wrong and help me out to terminate an employee from our organization. Employee had joined us as a fresher and now there are lots of complaints against her to PM and he had taken the individual feedback from her supervisor and team members now he wants me to terminate her. Our offer letter says after probation period either party has to serve 8 weeks of notice.
Since we are terminating her on the basis of attitude I am planning to give her two options one if we terminate her we will be paying her 15 days salary with the termination letter and second option is she can resign and on the same she will be relieved with the clear relieving.
Will this leads to any legal issues.
Thanks in advance!
Asha
From India, Maisuru
1I am new to this forum please correct me if am wrong and help me out to terminate an employee from our organization. Employee had joined us as a fresher and now there are lots of complaints against her to PM and he had taken the individual feedback from her supervisor and team members now he wants me to terminate her. Our offer letter says after probation period either party has to serve 8 weeks of notice.
Since we are terminating her on the basis of attitude I am planning to give her two options one if we terminate her we will be paying her 15 days salary with the termination letter and second option is she can resign and on the same she will be relieved with the clear relieving.
Will this leads to any legal issues.
Thanks in advance!
Asha
From India, Maisuru
Hello,
While you have right to do what you are planning to do, especially to an employee on probation,
I have just a couple of questions.
1) Has the organization investigated what she has to say about complaints against her? If you do not give her an opportunity to defend herself, aside of law (which may not be applicable in the present case), you would be denying even the "principles of natural justice" to her! Kindly reconsider your approach.
2) Also, if you have gone through the pains of recruiting her and having found her qualified to be employed by your organization, why would the organization not spend some time and energy in correcting an erring employee.
The employee is about to loose her job due to some negative traits seen through some complaints and for that your organization would not mind sacrificing the positive traits of her candidature.
I hope your organization has in fact considered these facets of the problems and has only then come to this conclusion of termination of employment!
If your organization has ignored these two points then on standards of fairness, ethics and natural juitice I appeal that some thought is paid to these aspects. Else, what will your HR philosophy be and what message you will be relaying to the silent majority?
Regards
samvedan
November 8, 2011----------------------
From India, Pune
While you have right to do what you are planning to do, especially to an employee on probation,
I have just a couple of questions.
1) Has the organization investigated what she has to say about complaints against her? If you do not give her an opportunity to defend herself, aside of law (which may not be applicable in the present case), you would be denying even the "principles of natural justice" to her! Kindly reconsider your approach.
2) Also, if you have gone through the pains of recruiting her and having found her qualified to be employed by your organization, why would the organization not spend some time and energy in correcting an erring employee.
The employee is about to loose her job due to some negative traits seen through some complaints and for that your organization would not mind sacrificing the positive traits of her candidature.
I hope your organization has in fact considered these facets of the problems and has only then come to this conclusion of termination of employment!
If your organization has ignored these two points then on standards of fairness, ethics and natural juitice I appeal that some thought is paid to these aspects. Else, what will your HR philosophy be and what message you will be relaying to the silent majority?
Regards
samvedan
November 8, 2011----------------------
From India, Pune
Hi Samvedan and Govindsinghnegi,
Thanks for your inputs at the same time I agree with your inputs. Further the PM and all her team members had spoken to her and they have given her lots of inputs to change. Its of no use she has not changed.
And PM had sent me a mail to terminate her.
Regards,
Asha
From India, Maisuru
Thanks for your inputs at the same time I agree with your inputs. Further the PM and all her team members had spoken to her and they have given her lots of inputs to change. Its of no use she has not changed.
And PM had sent me a mail to terminate her.
Regards,
Asha
From India, Maisuru
Hello,
Fine, if the matter has ended.
If you are convinced objectively that she had a fair chance of reconstructing herself,
then all HR will do well to remember that beyond a point even HR cannot let the emotions get the better of reason
and the organizational interests remain highest!
Good luck.
I had omitted to mention in my last response and it would be an academic interests primarily.
If the person whose employment has been terminated happens to conform to the definition of a "workman" in Industrial Disputes Act 1947, irrespactive of salary/wage, title (designation), terms and conditions of employment, she was a confirmed employee and if she is adviced by someone to take recourse to law by raising an "industrial dispute", then she could prove to be pain body if due process has not been followed.
At this stage one can hope that these fears remain academic!
Regards
samvedan
November 9, 2011-----------------
From India, Pune
Fine, if the matter has ended.
If you are convinced objectively that she had a fair chance of reconstructing herself,
then all HR will do well to remember that beyond a point even HR cannot let the emotions get the better of reason
and the organizational interests remain highest!
Good luck.
I had omitted to mention in my last response and it would be an academic interests primarily.
If the person whose employment has been terminated happens to conform to the definition of a "workman" in Industrial Disputes Act 1947, irrespactive of salary/wage, title (designation), terms and conditions of employment, she was a confirmed employee and if she is adviced by someone to take recourse to law by raising an "industrial dispute", then she could prove to be pain body if due process has not been followed.
At this stage one can hope that these fears remain academic!
Regards
samvedan
November 9, 2011-----------------
From India, Pune
in case you have decided to terminate her,the trm.order should only speak of trms of probation only but without any allegations.if you pose allegations,then his termination wiill be treated as punitive one in eyes of law,which is not permissible without departmental enquiry.
From India, Calcutta
From India, Calcutta
Asha,
I faced a similar prob with one of the employees.I guess every organization has HR Manual which says such act when noticed can be terminated without even giving prior notice.When it comes to salary I guess we need to settle and send off....
From India, Bangalore
I faced a similar prob with one of the employees.I guess every organization has HR Manual which says such act when noticed can be terminated without even giving prior notice.When it comes to salary I guess we need to settle and send off....
From India, Bangalore
No one do business for the sake of charity. No emotions, but logic & figures have to be used while taking any decision. I would like to appreciate Samvedan comments on this topic.
From India, Delhi
From India, Delhi
This matter can not be decided on public opinion as there are a lot of private limited companies who acts like dictators and different characteristics of Managers. Som can take advantage and some misuse such advise. Situation and circumstances is the criteria.
In a justifiable dealing, ask politely the concerned staff (if he/she is not arrogant to reply-as some are irrtated due to bad inter-personal treatment), what is required when he/she is not suitable for the company and the job performance. If he/she is polite (not arrogant) and is ready to work in any other position/department, explore the possibility, since there are middle-managers/Superiors/supervisors/juniors with whom some very efficient employees can not agree on the policy matters, and later they become greatest assets to the company.
Your question itself should be assessed for a proper reply, to explain the process and procedure you have to adopt.
While terminating the strength and weakness are to be considered of both side - the employer as well as the employee, failing, the company can also fall down with a bad reputation due to inter-personal relationship and inefficient supervisors/managers. So take care while seeking for high profits and turn over. ,
Better the advice of the local Labour Officer, who knows the circumstances They are available for peace and to avoid unrest with justice and genuine intensions, but your question has a rat-smell.
From India, Kochi
In a justifiable dealing, ask politely the concerned staff (if he/she is not arrogant to reply-as some are irrtated due to bad inter-personal treatment), what is required when he/she is not suitable for the company and the job performance. If he/she is polite (not arrogant) and is ready to work in any other position/department, explore the possibility, since there are middle-managers/Superiors/supervisors/juniors with whom some very efficient employees can not agree on the policy matters, and later they become greatest assets to the company.
Your question itself should be assessed for a proper reply, to explain the process and procedure you have to adopt.
While terminating the strength and weakness are to be considered of both side - the employer as well as the employee, failing, the company can also fall down with a bad reputation due to inter-personal relationship and inefficient supervisors/managers. So take care while seeking for high profits and turn over. ,
Better the advice of the local Labour Officer, who knows the circumstances They are available for peace and to avoid unrest with justice and genuine intensions, but your question has a rat-smell.
From India, Kochi
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