Hi Nagaveni,

The main reason for removing an employee is based on one's performance. In case the performance is not satisfactory, you can always guide the person. If it is still unsatisfactory, you need to issue warning letters to observe if the candidate improves. If improvement is not found, you can ask the employee to leave.

However, paying three months' salary to an employee and then removing them according to the whims and fancy of management is not the correct way. The due course of law should be followed.

From India, Bangalore
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If the employee is not coming under the purview of workmen under the ID Act, then please go through the clause mentioned in the Appointment letter regarding the Notice period. In general, every employer writes in the Appointment letter that the Notice Period is when the management expects you to be with the company for a long time. However, this employment is terminable by giving One month/two Months' notice, as mentioned.

So, as per the aforementioned, if the employee is not coming under the purview of workmen under the ID Act, you may release him by only giving him Notice pay with all dues.

From India, Rudarpur
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Thank you all for your advice, suggestions, and comments!

I had a smooth firing session last week with one of our employees. We had many reasons to fire him, and the main reason was that, although he was a Team Leader, he never used to take any responsibilities. He was acting kind of like a Union Leader and recently started misguiding the other staff in the department.

We had given him oral warnings, but it was never documented. In fact, until last month, we had never fired anyone in our company. I feel that this may be the reason most of our employees think it is okay to do whatever they want here, as nothing is going to happen. We wanted to change that impression.

The reason for asking the above question is because we knew that no matter what reason we gave, he would not accept it due to his nature. We did not want to engage in unnecessary arguments that could lead to something else.

We provided him with all the benefits he was eligible for and let him go.

Thank you! Happy weekend!

From India, Bengaluru
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Yes, before firing an employee, a show cause should be given to him explaining the reason. A company cannot fire someone without any reason. It would be more appropriate if a company issues a warning letter first and then later a show cause notice. Finally, a termination letter with the reason should be provided. Everything has to be handled professionally.
From India, Kolkata
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These days, companies often resort to downsizing, and in the process, senior employees (typically highly paid employees who may have worked with the company for many years) become the first target to be replaced with younger, lower-paid employees. These younger employees do not have the same level of legal protection, and therefore, they are often compelled to accept the settlements offered by the companies. In such cases, payments such as notice pay, termination benefits, leave pay, etc., are provided, and some companies may also offer additional severance pay.

A. S. Bhat

From India, Pune
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