Dear Ninad,
I agree to your point that pregnancy should not be an issue while terminating this employee.
However taking punitive action is very longdrawn process. One has to follow principal of natural justice, build a proper case against the employee & go through a painfull process of conducting enquiry & so on.At the end employee always says that, she is being victimised. This kind of cases to be handled very sensitively.
So in my view the method of discharge simplicitor is quite effective.
You need not to give any explanation or accuse an employee of non performance. Just issue a simple termination letter citing the clauses of appointment letter & give one months notice pay.
Employer has a right to recruit as also the right of termination.
Regards
Manoj
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I agree to your point that pregnancy should not be an issue while terminating this employee.
However taking punitive action is very longdrawn process. One has to follow principal of natural justice, build a proper case against the employee & go through a painfull process of conducting enquiry & so on.At the end employee always says that, she is being victimised. This kind of cases to be handled very sensitively.
So in my view the method of discharge simplicitor is quite effective.
You need not to give any explanation or accuse an employee of non performance. Just issue a simple termination letter citing the clauses of appointment letter & give one months notice pay.
Employer has a right to recruit as also the right of termination.
Regards
Manoj
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before recruiting you can ask for medical certificate from the employee. If she is pregnant, you can decided whether to employ her or not because once she is issued appointment letter she is authorised for all the benifits.
Termination of a employee always require showcause notice or warning letter. Employee can be terminated even if he is issued with letter of confirmation, if he does not perform according to the guidlines.
regards
From India, Ahmadabad
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Termination of a employee always require showcause notice or warning letter. Employee can be terminated even if he is issued with letter of confirmation, if he does not perform according to the guidlines.
regards
From India, Ahmadabad
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Pregnecy does not affect the intention of a good worker. if your intentions are to terminate this worker only due to her pregnency thats bad otherwise you can act as mentioned in the Certified Standing Orders of your factory.
Hope thats clear.
Singh
From India, Ludhiana
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2Hope thats clear.
Singh
From India, Ludhiana
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I have read all the comments, but nobody mentioned natural justice. It is understandable that she did not complete 80 days in the organization, making her ineligible for maternity payment but eligible for maternity leave without pay. How can we overlook this issue? While she may be a poor performer, the fact remains that she is pregnant now. As per natural justice, she has the right to take leave during this period (without pay). The employer does not have the right to take actions that go against natural justice.
Regards,
Vijayender Chandel
From India, Shahkot
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Regards,
Vijayender Chandel
From India, Shahkot
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Bad HR practice. Terminating someone because she is pregnant is discriminatory and I’m sure it would be illegal as well.
From India, Delhi
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From India, Delhi
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I read all the comments. I am satisfied with Mr. Malik's comments. Whether the employee is on probation period, then it does not mean that she is not a human being. We have to follow the natural justice procedure with every employee. Although the maternity act does not apply to her due to her period of presence, she can get leaves without pay for such a period on presenting medical certificates. So, give her some time, understand her situation, which every woman suffers.
Regards,
Vijayender Chandel
From India, Shahkot
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Regards,
Vijayender Chandel
From India, Shahkot
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Dear Friend,
You have 2 issues at the same time: 1. About her performance 2. Pregnant. Both the issues are in different verticals, so as an HR person, we cannot proceed with anything that you have stated here.
Provide disciplinary action during this period:
- terminate one's contract when she is pregnant;
- terminate one's contract during the probationary period and one is pregnant;
- if yes, is there any severance pay required?
What exactly we can do is just show our humanity here, no other go.
1. Call her and find the problem with her performance (because when we select a candidate, we surely know how they will perform). If the problem is indeed with the work, then you can very well talk to her directly about resignation, not termination.
2. You can tell her in a positive sense that we are okay if you resign within a week also, just take care of your health because health is more important than wealth. This gives the employee great strength rather than going into a bad mood or a disturbed situation, which disrupts our business activity.
3. Get everything from her in clear written format (Resignation Letter) and relieve her accordingly.
4. Avoid unnecessary issues while terminating unless it is mandatory by all means.
At every point, we also consider labor laws, human rights, and so on.
This would be my choice always.
Regards,
MD
From India, Chennai
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You have 2 issues at the same time: 1. About her performance 2. Pregnant. Both the issues are in different verticals, so as an HR person, we cannot proceed with anything that you have stated here.
Provide disciplinary action during this period:
- terminate one's contract when she is pregnant;
- terminate one's contract during the probationary period and one is pregnant;
- if yes, is there any severance pay required?
What exactly we can do is just show our humanity here, no other go.
1. Call her and find the problem with her performance (because when we select a candidate, we surely know how they will perform). If the problem is indeed with the work, then you can very well talk to her directly about resignation, not termination.
2. You can tell her in a positive sense that we are okay if you resign within a week also, just take care of your health because health is more important than wealth. This gives the employee great strength rather than going into a bad mood or a disturbed situation, which disrupts our business activity.
3. Get everything from her in clear written format (Resignation Letter) and relieve her accordingly.
4. Avoid unnecessary issues while terminating unless it is mandatory by all means.
At every point, we also consider labor laws, human rights, and so on.
This would be my choice always.
Regards,
MD
From India, Chennai
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We have written this to one of Finance Manager Please see below :
To: Ms Ibe. Annulika and Mr George Mushota.
CC: Human Resource, General Manager and CEO
Most recently complained that you were rude, belittling, and insulting each other at your front desks and in plain view. This was observed by other staff.
Within our own Finance Department, George Mushota complained that he was on the receiving end rude and unprofessional behaviour over the immediately stated him in office since last week of December. Since then, he has asked not to work with you or even be in your presence. Similarly, Ibe. Annulika has also asked that she not be assigned to work with you because of habitual rude and offensive behaviour.
Of great concern is your apparent failure to recognize or even admit that you people often overreact and lash out at each other’s. Employees are expected to work together as a team and expend whatever effort is necessary to provide quality service to the Premier Petroleum Limited as an organization. This is not to say that you cannot disagree with staff or other professionals. Rather, in addressing differences of opinions you cannot be combative, insulting, belittling, or rude. This only creates friction, diminishes morale and teamwork, and poorly reflects upon the Premier Petroleum Limited. You must show empathy, deal courteously with individuals, appreciate their differences, and handle emotions. When appropriate, you must show compassion for each other’s and recognize the contribution of each other as a team.
Equally important is that you need to listen to what others are saying.
In short, you both must agree to abide by the following principles by which you will conduct yourself in the workplace:
• You both will employ collective decision-making with your work’s and outside professionals and contacts to assure positive teamwork and maximize the goals of the Premier Petroleum Limited;
• You both will have respect for each other’s abilities, contributions, and values to the Premier Petroleum Limited;
• Ine Annulika will recognize that you can learn from your co-workers & Mr George Mushota.
• You both will deal with co-workers and others in a professional and courteous manner at all times.
• You will deal with conflict in a forthright and constructive manner and with tolerance for the differences of others.
1. In addition, I recognize that you may have certain ideas to improve your performance. Therefore, I encourage you to provide your own Personal Improvement Plan Input and Suggestions:
__________________________________________________ __________
__________________________________________________ __________
__________________________________________________ __________
__________________________________________________ __________
__________________________________ ________________________
Employee Signature Date
By
Mr George finance manager replied
To Human Resource office : Att of Madam Nafisa. Iam very surprised in the first place to observe that iam receiving mail with contets of this nature from your office because administratively the office ranking does not allow you to do so. Iam officially holding an office which is higher than your office and you can not under normal circumstances raise any disciplinery issues against me. Coming to the issues that you have raised, may i help you to understand that there is no pressure in accounts at all. the only issue that seem to be a problem is lack of appreciation by my surbordinate to understand the accounting World. She does not really understand what accounting is all about therefore she is finding it very dificult to understand and appreciate why we should do certain things in accounts. It is not possible for some one to perform functions of an accounting officer when he or she has no knowledge of the basic accounting fundermentals. Anulika does not understand accounts therefore, she is misplaced and hence the confusion. Suffice to metion that your office is responsible for creating this messy. Iam even thinking that you have deliberately chosen to give me an accounting officer who does not know accounts so that i fail to perform my duties effectively.I have supervised more than 100 members of statt at once before, and i have recorded better supervising results all the time. I do not believe that Anulika should become an impossible case for me to manage. She simply does not have accounts Knowledge and she is therefore denting my management style each time i instruct her to perform accounting functions in accordance to accounting starndards. Your office (H.R) has imposed Anulika to work in accounts department when you know very well that she does not posses accounting Knowledge. Therefore iam instructing your office to correct this irregularity as soon as possible so that i can begin to work normally and proffessionally.
I was also extremly shocked when Anulika metioned in presence of the Chief Executive Officer that she has authority to approve payments. This way of thinking is what has created most of the misunderstandings because she is misguided. If her job discription authorises her to approve payments, then your office should be blamed for duplicating responsibilities. Accounts only allows one prrson to approve payments at a time. It is the responsibility of the Chief Executive Officer to approve payments and he has delegated this responsibility to my office at the moment therefore we cannot share the same authority with my surbordinate which is deligated to me by my superior.
Iam also disppointed to observe that your office did not take time to study and understand the so called "pressure" in accounts department before writting to me. May I take this opportunity to correct your understanding that there is pressure in Finance department. There is no amount of pressure in accounts, the only difference that is creating this artificial pressure is the fact Anulika does not know accounts. you have just imposed her on me. Finally Iam requesting that Anolika be re allocated to onother office because apart from not knowing her job, she does not cooperate with me in any way, She does not respect me as an elderly person and does not take my instructions each time i talk to her. May Management considers to give me an alternative person who is well up dated with accounting Knwledge so that i can effectively perform my assigments without expiriencing un necessary disturbances.
Thanks. Mr George.
Please suggest reply to mr george.
From United Arab Emirates, Dubai
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To: Ms Ibe. Annulika and Mr George Mushota.
CC: Human Resource, General Manager and CEO
Most recently complained that you were rude, belittling, and insulting each other at your front desks and in plain view. This was observed by other staff.
Within our own Finance Department, George Mushota complained that he was on the receiving end rude and unprofessional behaviour over the immediately stated him in office since last week of December. Since then, he has asked not to work with you or even be in your presence. Similarly, Ibe. Annulika has also asked that she not be assigned to work with you because of habitual rude and offensive behaviour.
Of great concern is your apparent failure to recognize or even admit that you people often overreact and lash out at each other’s. Employees are expected to work together as a team and expend whatever effort is necessary to provide quality service to the Premier Petroleum Limited as an organization. This is not to say that you cannot disagree with staff or other professionals. Rather, in addressing differences of opinions you cannot be combative, insulting, belittling, or rude. This only creates friction, diminishes morale and teamwork, and poorly reflects upon the Premier Petroleum Limited. You must show empathy, deal courteously with individuals, appreciate their differences, and handle emotions. When appropriate, you must show compassion for each other’s and recognize the contribution of each other as a team.
Equally important is that you need to listen to what others are saying.
In short, you both must agree to abide by the following principles by which you will conduct yourself in the workplace:
• You both will employ collective decision-making with your work’s and outside professionals and contacts to assure positive teamwork and maximize the goals of the Premier Petroleum Limited;
• You both will have respect for each other’s abilities, contributions, and values to the Premier Petroleum Limited;
• Ine Annulika will recognize that you can learn from your co-workers & Mr George Mushota.
• You both will deal with co-workers and others in a professional and courteous manner at all times.
• You will deal with conflict in a forthright and constructive manner and with tolerance for the differences of others.
1. In addition, I recognize that you may have certain ideas to improve your performance. Therefore, I encourage you to provide your own Personal Improvement Plan Input and Suggestions:
__________________________________________________ __________
__________________________________________________ __________
__________________________________________________ __________
__________________________________________________ __________
__________________________________ ________________________
Employee Signature Date
By
Mr George finance manager replied
To Human Resource office : Att of Madam Nafisa. Iam very surprised in the first place to observe that iam receiving mail with contets of this nature from your office because administratively the office ranking does not allow you to do so. Iam officially holding an office which is higher than your office and you can not under normal circumstances raise any disciplinery issues against me. Coming to the issues that you have raised, may i help you to understand that there is no pressure in accounts at all. the only issue that seem to be a problem is lack of appreciation by my surbordinate to understand the accounting World. She does not really understand what accounting is all about therefore she is finding it very dificult to understand and appreciate why we should do certain things in accounts. It is not possible for some one to perform functions of an accounting officer when he or she has no knowledge of the basic accounting fundermentals. Anulika does not understand accounts therefore, she is misplaced and hence the confusion. Suffice to metion that your office is responsible for creating this messy. Iam even thinking that you have deliberately chosen to give me an accounting officer who does not know accounts so that i fail to perform my duties effectively.I have supervised more than 100 members of statt at once before, and i have recorded better supervising results all the time. I do not believe that Anulika should become an impossible case for me to manage. She simply does not have accounts Knowledge and she is therefore denting my management style each time i instruct her to perform accounting functions in accordance to accounting starndards. Your office (H.R) has imposed Anulika to work in accounts department when you know very well that she does not posses accounting Knowledge. Therefore iam instructing your office to correct this irregularity as soon as possible so that i can begin to work normally and proffessionally.
I was also extremly shocked when Anulika metioned in presence of the Chief Executive Officer that she has authority to approve payments. This way of thinking is what has created most of the misunderstandings because she is misguided. If her job discription authorises her to approve payments, then your office should be blamed for duplicating responsibilities. Accounts only allows one prrson to approve payments at a time. It is the responsibility of the Chief Executive Officer to approve payments and he has delegated this responsibility to my office at the moment therefore we cannot share the same authority with my surbordinate which is deligated to me by my superior.
Iam also disppointed to observe that your office did not take time to study and understand the so called "pressure" in accounts department before writting to me. May I take this opportunity to correct your understanding that there is pressure in Finance department. There is no amount of pressure in accounts, the only difference that is creating this artificial pressure is the fact Anulika does not know accounts. you have just imposed her on me. Finally Iam requesting that Anolika be re allocated to onother office because apart from not knowing her job, she does not cooperate with me in any way, She does not respect me as an elderly person and does not take my instructions each time i talk to her. May Management considers to give me an alternative person who is well up dated with accounting Knwledge so that i can effectively perform my assigments without expiriencing un necessary disturbances.
Thanks. Mr George.
Please suggest reply to mr george.
From United Arab Emirates, Dubai
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Firstly, it is clear from the Maternity Benefit Act that an employee needs to have worked for 80 days in the preceding year or before the expected date of delivery. Based on the information provided, it appears that she has recently joined. In this regard, the following points are important for your consideration:
1. Firstly, examine the circumstances contributing to her underperformance. Do not use the pregnancy period as a criterion for termination. You can initiate termination proceedings during the probationary period after providing a show cause notice, but terminating a pregnant woman during this time goes against HR best practices.
2. Although she is on probation, you must approve leaves for her, and these leaves will be without pay.
3. Allow her some time to demonstrate her performance as the pregnancy period is crucial for any woman, and termination may cause mental stress. Therefore, as a compassionate human being, try to understand her situation. From an HR perspective, why was she hired without a medical fitness certificate (regarding pregnancy/other health conditions)?
Regards,
Vijayender Chandel
From India, Shahkot
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1. Firstly, examine the circumstances contributing to her underperformance. Do not use the pregnancy period as a criterion for termination. You can initiate termination proceedings during the probationary period after providing a show cause notice, but terminating a pregnant woman during this time goes against HR best practices.
2. Although she is on probation, you must approve leaves for her, and these leaves will be without pay.
3. Allow her some time to demonstrate her performance as the pregnancy period is crucial for any woman, and termination may cause mental stress. Therefore, as a compassionate human being, try to understand her situation. From an HR perspective, why was she hired without a medical fitness certificate (regarding pregnancy/other health conditions)?
Regards,
Vijayender Chandel
From India, Shahkot
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