I read with interest the comments & the 'devilish' solutions offered by many. No wonder HR is a hated term in organizations. Lack of job-competency as well as sensitivity; though we pride ourselves as HUMAN Resource Professionals. Ideally, we should be called In-human Treatment Prfessionals. The aim of every HR is to 'make the life hell, for every employees'. Sometimes I wonder, if hell is full HR persons ?? Or, the Devil is actually an HR guy in disguise ??
Ever thought, why Labour Courts favor the "labour" ? Because it is an un-equal fight. Management can fire thousands of employees and next day find replacements, whereasa job is a source of livelihood for the whole family of the employee and it takes considerable time to find another, during which, for the employee's family, many tragedies occur.
Now, coming to your problem (?), Ms Swati; (Dont you think, it is a greater problem for the employee?); of course, you can fire the concerned employee after issuing a few notices of non-performance (just to appear FAIR in the eyes of Law).
But if you can take some pain; I suggest you STUDY her PERSONNEL FILE. Find out, under what circumstances she was hired. Was she competent enough for the role for which she was hired ? (IF not, then is it 'really' her fault?). How was her initial performance ? Did you TRY to find out the ACTUAL CAUSE of her non-performance (informally or thorough COUNSELLING) ? Is it due to a BAD BOSS ? Or, Bad colleagues, bent on demoralizing their peers for their personal gains? Some family problem ? Or. Some change in TECHNOLOGY or PROCESS for which she is not equipped ? etc. etc.
There are ways to solve some of these problems, and to PROPEL the employee on the PATH OF PERFORMANCE. In fact, that is the PURPOSE of a good PERFORMANCE MANAGEMENT SYSTEM (and not to simply classify employees into a few pigeon-holes labelled A*, A B C, D etc.)
If you can take the pains, please do the above.
If NOT, there are HUMANE WAYS of TERMINATING service. That is, you communicate to the employee in no uncertain terms about Managements agenda (while doing so, be as sensitive & empathetic as a good doctor conveying a bad news to the patient or her family) and also offer support for her possible placement in other organization.
Not only you will be doing a good deed to the employee, her family and society; but you'll also derive JOB SATISFACTION and pride for doing a good professional job.
Regards.
From India, Delhi
1426Ever thought, why Labour Courts favor the "labour" ? Because it is an un-equal fight. Management can fire thousands of employees and next day find replacements, whereasa job is a source of livelihood for the whole family of the employee and it takes considerable time to find another, during which, for the employee's family, many tragedies occur.
Now, coming to your problem (?), Ms Swati; (Dont you think, it is a greater problem for the employee?); of course, you can fire the concerned employee after issuing a few notices of non-performance (just to appear FAIR in the eyes of Law).
But if you can take some pain; I suggest you STUDY her PERSONNEL FILE. Find out, under what circumstances she was hired. Was she competent enough for the role for which she was hired ? (IF not, then is it 'really' her fault?). How was her initial performance ? Did you TRY to find out the ACTUAL CAUSE of her non-performance (informally or thorough COUNSELLING) ? Is it due to a BAD BOSS ? Or, Bad colleagues, bent on demoralizing their peers for their personal gains? Some family problem ? Or. Some change in TECHNOLOGY or PROCESS for which she is not equipped ? etc. etc.
There are ways to solve some of these problems, and to PROPEL the employee on the PATH OF PERFORMANCE. In fact, that is the PURPOSE of a good PERFORMANCE MANAGEMENT SYSTEM (and not to simply classify employees into a few pigeon-holes labelled A*, A B C, D etc.)
If you can take the pains, please do the above.
If NOT, there are HUMANE WAYS of TERMINATING service. That is, you communicate to the employee in no uncertain terms about Managements agenda (while doing so, be as sensitive & empathetic as a good doctor conveying a bad news to the patient or her family) and also offer support for her possible placement in other organization.
Not only you will be doing a good deed to the employee, her family and society; but you'll also derive JOB SATISFACTION and pride for doing a good professional job.
Regards.
From India, Delhi
Dear Swati,
You have given enough oppertunities like orgal advice and written warning to imporve her performance.
Since, she has not completed 480 days their is no problem in terminatating her service. But, before issuing the termination you should go through the contract of employment clauses or appointment order clauses.
You are advise to comply section 25FFA in ID Act i.e either one month notice pay or one month notice.
Rajasekaran.MK.
From India, Madras
You have given enough oppertunities like orgal advice and written warning to imporve her performance.
Since, she has not completed 480 days their is no problem in terminatating her service. But, before issuing the termination you should go through the contract of employment clauses or appointment order clauses.
You are advise to comply section 25FFA in ID Act i.e either one month notice pay or one month notice.
Rajasekaran.MK.
From India, Madras
hello ,
shimit's
She is in MS domain , acc to her in which she alwaz wanna be in . Acc. to her reason for leaving tht previous company was also transfer from MS domain to some other domain.
Balaji Kuppuswamy's
we asked her to move from development(as she is not performing in tht) to QA but on tht node she dnt agreed.
ssgokul's
we are not a big company to hv employees on bench.
there is no issue with the team member neither with TL which can be the reason of non performance.
We have a system of TL review every 15 days in which TL review there Team and Team Member review there TL. After every TL review i had a chat with her as she was non performing employee.in past six month of her employement it has been her 6 session of discussion tht her performance is not up to the mark.
then also we have to face difficult to termination her
From India, Jaipur
shimit's
She is in MS domain , acc to her in which she alwaz wanna be in . Acc. to her reason for leaving tht previous company was also transfer from MS domain to some other domain.
Balaji Kuppuswamy's
we asked her to move from development(as she is not performing in tht) to QA but on tht node she dnt agreed.
ssgokul's
we are not a big company to hv employees on bench.
there is no issue with the team member neither with TL which can be the reason of non performance.
We have a system of TL review every 15 days in which TL review there Team and Team Member review there TL. After every TL review i had a chat with her as she was non performing employee.in past six month of her employement it has been her 6 session of discussion tht her performance is not up to the mark.
then also we have to face difficult to termination her
From India, Jaipur
Dear All
What I had noticed in past few year, all the employee feel that they have privilege to use the law, since at many placed they are been protected and this lead them toward the non performance.
What one should do it through the candidates out from the job but make sure that you take all the document back from her. since I had very bed experience in termination of the candidates where one candidates who had not performed and given official notice of one month where again she had given zero performance and after leaving of one month she had bring some of the relative who work with the government office and try to take advantage by showing several laws
One another candidates to who we had terminated , she had asked her some relative at Delhi and he used to call us at odd working hours and use to give all abuse language. All apart she had deleted all the data what she had worked for four month period.
So only my request that take proper step before you terminate them at the same time do not put them for long because if some one do not perform for 6 month she can not perform in feature also.
From India, Mumbai
What I had noticed in past few year, all the employee feel that they have privilege to use the law, since at many placed they are been protected and this lead them toward the non performance.
What one should do it through the candidates out from the job but make sure that you take all the document back from her. since I had very bed experience in termination of the candidates where one candidates who had not performed and given official notice of one month where again she had given zero performance and after leaving of one month she had bring some of the relative who work with the government office and try to take advantage by showing several laws
One another candidates to who we had terminated , she had asked her some relative at Delhi and he used to call us at odd working hours and use to give all abuse language. All apart she had deleted all the data what she had worked for four month period.
So only my request that take proper step before you terminate them at the same time do not put them for long because if some one do not perform for 6 month she can not perform in feature also.
From India, Mumbai
Dear Bankim, Please review your Selection Process. You seem to be getting wrong people every time. Regards.
From India, Delhi
From India, Delhi
I seek clarification from the experts:
1. Can a developer in a software / IT company be defined as workman under ID Act. And will he or she get any legal protection against termination for non performance?
2. If not ID Act then under which act a developer can claim his/her termination illegal?
Experts please respond?
I get a impression that Ms. Swati was feeling too embarrassed and awkward to terminate a employee. May be this was her first experience of dealing such a situation.
Instead of serving a Termination Letter in this situation a Resignation Letter could have been obtained without much problem and separation would have been less painful for both the parties. Termination would be a last option in case employee refuses to resign with Honor rather than be humiliated by termination.
Thanks & Regards
From India, Pune
1. Can a developer in a software / IT company be defined as workman under ID Act. And will he or she get any legal protection against termination for non performance?
2. If not ID Act then under which act a developer can claim his/her termination illegal?
Experts please respond?
I get a impression that Ms. Swati was feeling too embarrassed and awkward to terminate a employee. May be this was her first experience of dealing such a situation.
Instead of serving a Termination Letter in this situation a Resignation Letter could have been obtained without much problem and separation would have been less painful for both the parties. Termination would be a last option in case employee refuses to resign with Honor rather than be humiliated by termination.
Thanks & Regards
From India, Pune
Hello ,
I was not embarrassed. But i was taking caution before her termination as when i asked her to resign , so dnt wanna make any mistake ,i she told me my pa is lawyer i will take you to court when i asked her to resgin .
She told me if i m not performing y company bear me for past 6 months .
I guess terminating some should not be a great feeling for any one.
From India, Jaipur
I was not embarrassed. But i was taking caution before her termination as when i asked her to resign , so dnt wanna make any mistake ,i she told me my pa is lawyer i will take you to court when i asked her to resgin .
She told me if i m not performing y company bear me for past 6 months .
I guess terminating some should not be a great feeling for any one.
From India, Jaipur
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
XLRI Jamshedpur Mail - You applied for Senior Technical Recruiter at XYZ company.pdf
Company Profile.ppt