I am also agreed with all the experts. Kindly follow the legal terms if you terminate the employee illegally you may face some legal problem. so my suggestion is that you will approach your company legal officer for better support.
Regards,
Balaji V
EDAC

From India
Dear Mukunthan.HR I completely agree with Shri JSMALIK., it is atrocious to see such post and queries. Regards, SC
From India, Thane
Dear Muthukan,
First of all to tell you that I am too into agreement Mr. Malik things get very complex to handle sometimes afterwards if we have not follow the rules/laws intailly.But, if your top management is willing to do so than I guess you too are helpless. Just make them understand the pros and cons, I am sure they will take it into consideration. For future you can prepare a different terms and conditions like you can appoint candidates intially as a trainee/probation for a certain period. But, for now you have to either give him his dues or notice period if the person is consistently not performing then its better you pay dues in advance and tell him leave as soon as you find repalcement.
This is what I can suggest you....better you disscuss, think and do it.
Regards,
Sandeep K.

From India, Vadodara
Dear
Simple Steps:
a) If he is an employee under Factories Act ,termination is possible under Standing Orders;
b) If he is an employee under the Shops & Establishments Act he can be terminated with 30 days notice;
c) If he is bound by a Contract ,then according to it.
With Regards
E-mail : ,

From India, Bangalore
Dear,
As a HR Professional Hiring and Termination is our rgular activity but legal way. In your case, You talk to employee and try to explain that if you give your resignation we will support you all the way as you will get your experience letter, Reliving letter your dues will be clear it will help you in future and also good for reference check by another co. you join. In case of termination you will lose every thing. i think It will help you.
Ashwini Kumar

From India, Mumbai
Hi
first u need to go through his appt letter.chck the termination clause.In case of probationary employee he may be trrminated/asked to resign,but he is eligible for noticepay. better to convince for resignation and allow him to servce his notice/or pay in leiu off. u jst cannot terminate an employee without notice.
Manikumar9901381978

From India, Bangalore
hi, can somebody pls. tell me that is it right if any company asks for a 60 days time to do the f&f. Regards
From India, Delhi
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