Hello Swati,
As mentioned by you, even after warning letter issued to her, there seems to be little change in her performance. You can terminate her service as per the terms mentioned in the appointment letter. If she is on probation, she may be asked to leave ealry. If she is a confirmed staff, you may have to refer to the terms of the appointment letter issued to her.
- Mytreya
From India, Mumbai
As mentioned by you, even after warning letter issued to her, there seems to be little change in her performance. You can terminate her service as per the terms mentioned in the appointment letter. If she is on probation, she may be asked to leave ealry. If she is a confirmed staff, you may have to refer to the terms of the appointment letter issued to her.
- Mytreya
From India, Mumbai
1
Dear Swati,
This is an illigal termination.She can challaenge your company into labour courtroom.
what kind of written warning issued to her,on the basis of written warning you can't terminate her unless you received her consent on written warning and she explain about for future growth & work.
You should take advise to some legal experts,most of the company doing like this and cases is still pending since long time(some cases more 40 years old).You should be mature on this.
Issue another two written warning about her performance and give a chance for improvement.
Best Regards
Sajid Ansari-Delhi
From India, Delhi
This is an illigal termination.She can challaenge your company into labour courtroom.
what kind of written warning issued to her,on the basis of written warning you can't terminate her unless you received her consent on written warning and she explain about for future growth & work.
You should take advise to some legal experts,most of the company doing like this and cases is still pending since long time(some cases more 40 years old).You should be mature on this.
Issue another two written warning about her performance and give a chance for improvement.
Best Regards
Sajid Ansari-Delhi
From India, Delhi
In my opinion, in Indian scenerio. workmen are protected very highly. Secondly they fall under the Unionised staff for the matter of Industrial Disputes under the Act. Last but not the least if the employee belongs to SC-ST catagory for the God sake don't think on the lines of Termination else you and your company may have a tough time. Give her a job rotation or don't give any job, just allow her to sit in a corner for eight hours with absolutely no work and no talks that will better solve the problem.
T D Joshi
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From India, Vadodara
T D Joshi
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From India, Vadodara
Hi!!! Terminating is not the solution for the company. How we can allow him/her to improve them self. After this also they will not perform than termination option we will have to selct.
From India, Mumbai
From India, Mumbai
u can terminate her, before that you have to isue warning letter and showcase notice after that you can terminate her regards, M.V.Gopal Reddy
From India, Hyderabad
From India, Hyderabad
Hi Swati,
If an employee is not performing as per the company standared her employment can be terminated as under:
1) Check if you have a copy of appointment letter where employee has accepted the term & condition of the employment.
2) Check the termination clause specified in the appointment letter.
3) Before issuing her notice as per the termination clause, issue a show cause noitice to her giving her 15 days time.
4) In case company is not satified with the reply submitted by her, issue a notice of termination giving proper notice period mentioned in the employment letter.
5) On completion of notice period, get no objection certificates from the department heads and relieve her from employment.
6) If she is in a key position, you can release a press note stating that this employee is not working with us and if any person deals with him, company will have no liability for any kind of loss.
5) Take a certificate from her for the full & final settlement.
Regards,
Dalip Bisht
From India, Delhi
If an employee is not performing as per the company standared her employment can be terminated as under:
1) Check if you have a copy of appointment letter where employee has accepted the term & condition of the employment.
2) Check the termination clause specified in the appointment letter.
3) Before issuing her notice as per the termination clause, issue a show cause noitice to her giving her 15 days time.
4) In case company is not satified with the reply submitted by her, issue a notice of termination giving proper notice period mentioned in the employment letter.
5) On completion of notice period, get no objection certificates from the department heads and relieve her from employment.
6) If she is in a key position, you can release a press note stating that this employee is not working with us and if any person deals with him, company will have no liability for any kind of loss.
5) Take a certificate from her for the full & final settlement.
Regards,
Dalip Bisht
From India, Delhi
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