Well, the employee will have to be given the compensation as per the regulations, i.e., the remaining 30 days of payment if you terminate him. Points to be considered:
1) Was he a confirmed employee? In case his appointment letter specifies that in case of termination or resignation he/she will have to give a month's notice, if it does say that, then you will have to pay him.
2) In case you are asking him to leave due to his negative attitude, you need to have documented proof of the same. The same goes for his performance.
3) In case of performance, did you inform him from time to time and have documented his appraisal on his performance? If not, then the employee might get the benefit of the doubt if he goes to the labor commissioner.
4) Suggested remedy: check what his deductions are as per the company's regulations and pay him off if you don't have any documentation.
Mail me if you need any more assistance at arvind.raikar@gmail.com. I have had to deal with such things in the past.
From India, Bangalore
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21) Was he a confirmed employee? In case his appointment letter specifies that in case of termination or resignation he/she will have to give a month's notice, if it does say that, then you will have to pay him.
2) In case you are asking him to leave due to his negative attitude, you need to have documented proof of the same. The same goes for his performance.
3) In case of performance, did you inform him from time to time and have documented his appraisal on his performance? If not, then the employee might get the benefit of the doubt if he goes to the labor commissioner.
4) Suggested remedy: check what his deductions are as per the company's regulations and pay him off if you don't have any documentation.
Mail me if you need any more assistance at arvind.raikar@gmail.com. I have had to deal with such things in the past.
From India, Bangalore
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Hi all,
Thanks to all my respected seniors for their valuable suggestions. I have presented the same to my higher authorities, and they have finally agreed with these suggestions. It has been decided to let the employee serve his two-month notice period as stated by him in his resignation email.
Once again, thanks to all of you. This is the way where people like us get all the required suggestions and help from experts all over the country when we hardly need it.
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Thanks to all my respected seniors for their valuable suggestions. I have presented the same to my higher authorities, and they have finally agreed with these suggestions. It has been decided to let the employee serve his two-month notice period as stated by him in his resignation email.
Once again, thanks to all of you. This is the way where people like us get all the required suggestions and help from experts all over the country when we hardly need it.
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Termination from Employment.pdf