Dear All,
I want to know Can we terminate an employee on the baisis of Non productivity or Absenteeism by issuing a warning letter.Is it neccessary to mention this caluse on Appointment Letter(if not mentioned then termination is possible).Please advise on Legal aspacts.
Regards,
Aarti
From India, Delhi
I want to know Can we terminate an employee on the baisis of Non productivity or Absenteeism by issuing a warning letter.Is it neccessary to mention this caluse on Appointment Letter(if not mentioned then termination is possible).Please advise on Legal aspacts.
Regards,
Aarti
From India, Delhi
Subject to provisions of the Industrial Disputes Act, an employer is in a position to terminate the service of an employee for any reason which includes non performance. Therefore, if you find that an employee is not productive or his performance is not upto the expectation, you can terminate him, but before doing so, the concerned employee should be given an opportunity to improve. A warning as you said is sufficient but in order to make the termination after following the principles of natural justice, make sure that the employee has been given two or three opportunities to improve performance but failed.
Regards,
Madhu.T.K
From India, Kannur
4244Regards,
Madhu.T.K
From India, Kannur
Yes.. you shall terminate an employee on non performance and irregularity. This would normally be included in appointment letters... all you have to do is to give him a written warning letter/memo 2 times before the termination letter... this is only for the better prospect....
From India, Bangalore
From India, Bangalore
I do agree with the quotes of my other friends. As terminating should be the last option and before that we need to educate them about the importance of time and regularity as well as make them feel as a part of the working environment. If still problem continues then I feel that some attritions are good attritions. Nadeem
From India, Mumbai
From India, Mumbai
Hi Aarti...
Terminating is the easiest step which an employer can take towards a non performing employee...
Have you heard of a method called Feedback Management..give him/her feedback about the performance, let them know where they are wrong and how can they improve....
Give them a chance to perform better..as an HR professional, lets support them.
Yes and then if you see there is no improvement, termination is the last resort.
Regards,
Archna
From India, Delhi
Terminating is the easiest step which an employer can take towards a non performing employee...
Have you heard of a method called Feedback Management..give him/her feedback about the performance, let them know where they are wrong and how can they improve....
Give them a chance to perform better..as an HR professional, lets support them.
Yes and then if you see there is no improvement, termination is the last resort.
Regards,
Archna
From India, Delhi
Sub :- Can Suspension be revoked with retrospective effect.
Dear Friends,
One of our employee was placed under suspension for some misconduct. He remained under suspension for nearly a month. After proper inquiry, he was found guilty of the charges imposed on him. However, keeping in view his first misconduct, he was given one last chance and accordingly his suspension was revoked with the condition that he will be entitled only for subsistence allowance for the suspension period.
The problem is that approval from competent authority for revoking his suspension was taken but revocation order was delayed nearly a week from the date of approval due to some reasons, therefore the individual continued on suspension.
Now can we revoke his suspension from the date on which we got the approval and also will be he entitled for full wages from the back date.
please help.
vinay d.dun
From India, Delhi
Dear Friends,
One of our employee was placed under suspension for some misconduct. He remained under suspension for nearly a month. After proper inquiry, he was found guilty of the charges imposed on him. However, keeping in view his first misconduct, he was given one last chance and accordingly his suspension was revoked with the condition that he will be entitled only for subsistence allowance for the suspension period.
The problem is that approval from competent authority for revoking his suspension was taken but revocation order was delayed nearly a week from the date of approval due to some reasons, therefore the individual continued on suspension.
Now can we revoke his suspension from the date on which we got the approval and also will be he entitled for full wages from the back date.
please help.
vinay d.dun
From India, Delhi
You can revoke suspension retrospectively. Only thing is that with that previous date (of revocation) he will be eligible to get full pay even though he has not attended to work. Even otherwise, if he is acquitted of charges, he will be entitled to get difference of salary, ie, actual salary had he been working minus the subsistence pay. In your case, I understand that the allowance paid during the period of suspension will be treated as punishment and you will not pay the difference since the allegations have been proved.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
Dear Ma'am,
Terminating the employee is last effort of the employer prior of this giving warning to such to improve performance and rectify the faults. If the employer does not giving chances to make rectify his fault, then how could it be possible to manage effective HR policies. If the employer have already given chance to rectify the faults,and employee has not learnt from prior suggestion or warning then it would be possible to terminate without giving warning again.
Regards,
VIKAS
From India, Hyderabad
Terminating the employee is last effort of the employer prior of this giving warning to such to improve performance and rectify the faults. If the employer does not giving chances to make rectify his fault, then how could it be possible to manage effective HR policies. If the employer have already given chance to rectify the faults,and employee has not learnt from prior suggestion or warning then it would be possible to terminate without giving warning again.
Regards,
VIKAS
From India, Hyderabad
What is retrospective effect? Kindly explain where we can use this term? How it is benefited in HR professional?
From India, Delhi
From India, Delhi
Retrospective effect means with effect from a previous date. If we revise salary of employees with effect from a previous date, say, effective from 1st October 2010, we call it as " the salary is revised with retrospective effect from 1st October 2010. In the similar style, in this thread I have used the term to say that suspension can be withdrawn with effect from a previous date.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
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.
WARNING LETTER FOR ABSENCE.doc