dear mr nasruddin
Is there any reference about termination on account of low performance in the appointment letter or agreement or managers manual. If this clause is accepted by the manager you can issue him a termination letter under it.
From India, Pune
62Is there any reference about termination on account of low performance in the appointment letter or agreement or managers manual. If this clause is accepted by the manager you can issue him a termination letter under it.
From India, Pune
Dear Moiz Bastawalla,
Notice period is invariably spelt out in appointment letter. In additions provisions/ circumstances under which services may/will be terminated are also part of appointment letter.
In case ,these are not part of standard appointment letter,then it is advisable to include them to obviate litigation.
In case poor performance is part of termination clause(which in case should be ) and sufficent notice has been given/employee has been adequately cautioned to improve performance, then there is no reason as to why services can not be terminated for this reason.
Emplyee is then free to seek redresal in any form that he/she deems fit.
Regards,
Col.Rathi
From India, Delhi
Notice period is invariably spelt out in appointment letter. In additions provisions/ circumstances under which services may/will be terminated are also part of appointment letter.
In case ,these are not part of standard appointment letter,then it is advisable to include them to obviate litigation.
In case poor performance is part of termination clause(which in case should be ) and sufficent notice has been given/employee has been adequately cautioned to improve performance, then there is no reason as to why services can not be terminated for this reason.
Emplyee is then free to seek redresal in any form that he/she deems fit.
Regards,
Col.Rathi
From India, Delhi
Dear Friend,
As many have pointed out issuing a letter of termination is easy whereas making it successful is quite difficult. Unless you have a very strong file and adhered every procedure you can\'t escape legal battle and win over it. Many a time failure in careful planning and execution termination resulted in reinstatement with back wages when the victim seek legal recourse. Still obtaining a resignation is a better option to get rid of unwanted employee. Still U want it I can guide U thro\' to the extent possible, yet a thankless job.
kumar.s.
From India, Bangalore
As many have pointed out issuing a letter of termination is easy whereas making it successful is quite difficult. Unless you have a very strong file and adhered every procedure you can\'t escape legal battle and win over it. Many a time failure in careful planning and execution termination resulted in reinstatement with back wages when the victim seek legal recourse. Still obtaining a resignation is a better option to get rid of unwanted employee. Still U want it I can guide U thro\' to the extent possible, yet a thankless job.
kumar.s.
From India, Bangalore
faults can be many which has caused his termination decision but remember that in the letter of termination u need to be very general...connect it to performance...dont write anything which cant be proved easily...then it also depends on service rules that u have ...
Asif
From Pakistan, Islamabad
Asif
From Pakistan, Islamabad
Dear Friend,
First and foremost and VERY important. Please examine and appreciate the possible legal implications of your management's decision to Terminate the services of one of your Managers.
I am sure you do have a Legal Advisor. Please consult him before initiating such drastic action.
If it is the final decision of your management to actually Terminate the concerned Manager's services, you just have to state in the Termination Letter that on account of his overall unsatisfactory performance ( or whatever reasons you have) the management has decided to terminate his services with immediate effect in accordance with the terms of his apointment.
You just take care to ensure that he is paid salary in lieu of notice at the time of settling his dues in full and final.
There is no point in letting someone serve out his notice period when it has been decided to terminate his services. That would be quite inappropriate.
My advice to you would be that you talk to the concerned Maneger and explain to him the decision of the management and get him to submit his resignation.
In the acceptance letter you could state that his resignation has been accepted with immediate effect and that the management will pay him salary of one month in lieu of the prescribed notice period. This would be the most satisfactory way of handling the issue.
For any further advice in the matter please call me on my mobile: 09717726667 or write to me on:
Best Wishes,
Vasant Nair
From India, Mumbai
First and foremost and VERY important. Please examine and appreciate the possible legal implications of your management's decision to Terminate the services of one of your Managers.
I am sure you do have a Legal Advisor. Please consult him before initiating such drastic action.
If it is the final decision of your management to actually Terminate the concerned Manager's services, you just have to state in the Termination Letter that on account of his overall unsatisfactory performance ( or whatever reasons you have) the management has decided to terminate his services with immediate effect in accordance with the terms of his apointment.
You just take care to ensure that he is paid salary in lieu of notice at the time of settling his dues in full and final.
There is no point in letting someone serve out his notice period when it has been decided to terminate his services. That would be quite inappropriate.
My advice to you would be that you talk to the concerned Maneger and explain to him the decision of the management and get him to submit his resignation.
In the acceptance letter you could state that his resignation has been accepted with immediate effect and that the management will pay him salary of one month in lieu of the prescribed notice period. This would be the most satisfactory way of handling the issue.
For any further advice in the matter please call me on my mobile: 09717726667 or write to me on:
Best Wishes,
Vasant Nair
From India, Mumbai
Hi.. as few of them mentionned its not that easy to terminate an employee. Please share the reason for termination which is very important. Its always better to ask employee to submit his resingation and releive him as a 'normal resignee'. If you use word Termination,you may have to face lot of other concequences, if he decided to go to labour court.
From India, Bangalore
From India, Bangalore
Prathima has put it very nicely. Rash decisions or decisions taken in a rush of blood, can prove to be very embarassing later. Please exercise caution. Vasant Nair
From India, Mumbai
From India, Mumbai
Subject: How to give notice to the Employee before termination
Dear Fren,
As an executive it is quite obvious to be in a soup like yours. I personally have faced such a situation before. As an HR i think one must know the reason for termination. Yous should have a clear idea of the reasons for his termination and its impact in the organisation, such as his/her replacement, competencies of his juniors to handle the task alone etc. After assessing the facts then HR is expected to give recommendation to the management if the firing decision is only and the last solution of the situation. If yes, then firing a permanent employee is not as easy as it looks, since it has to in line with the labor laws of the country. An aggrieved permanent staff can sue and resort to a legal means against the company. But still if HR has to terminate any how, then his details of performance in the organisation, should be scrutinized, his performance appraisals of past should be reviewed and all facts supporting to his poor performance has be collected. Pls also try to find out if the previous HR had issued any warning letters against the employee. If yes then your job becomes even simple. If everything is against that employee and orgn. has to get rid of the person then one should have a clear talk to the person and hand him his termination letter clearly mentioning that he had been warned several times in the past ( mention dates), and citing the clauses in the appointment contract.
Regds,
blissful HR
-:)
From Nepal
Dear Fren,
As an executive it is quite obvious to be in a soup like yours. I personally have faced such a situation before. As an HR i think one must know the reason for termination. Yous should have a clear idea of the reasons for his termination and its impact in the organisation, such as his/her replacement, competencies of his juniors to handle the task alone etc. After assessing the facts then HR is expected to give recommendation to the management if the firing decision is only and the last solution of the situation. If yes, then firing a permanent employee is not as easy as it looks, since it has to in line with the labor laws of the country. An aggrieved permanent staff can sue and resort to a legal means against the company. But still if HR has to terminate any how, then his details of performance in the organisation, should be scrutinized, his performance appraisals of past should be reviewed and all facts supporting to his poor performance has be collected. Pls also try to find out if the previous HR had issued any warning letters against the employee. If yes then your job becomes even simple. If everything is against that employee and orgn. has to get rid of the person then one should have a clear talk to the person and hand him his termination letter clearly mentioning that he had been warned several times in the past ( mention dates), and citing the clauses in the appointment contract.
Regds,
blissful HR
-:)
From Nepal
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