Hello!
I wanted to know, when the company is firing an employee, do we need to give him/her the reason for firing along with a proof? We are paying three months salary to the employee as mentioned on the appointment letter.
Kindly let me know.
Thank you!
Regards
Nagaveni
From India, Bengaluru
3I wanted to know, when the company is firing an employee, do we need to give him/her the reason for firing along with a proof? We are paying three months salary to the employee as mentioned on the appointment letter.
Kindly let me know.
Thank you!
Regards
Nagaveni
From India, Bengaluru
Dear Nagaveni,
There are two reasons for which employees are fired. Either it is under-performance or misconduct. Whatever may be the reason, you need to conduct the domestic enquiry. After the domestic enquiry when the charge sheet to the employee is issued, this in itself is communication to the employee on his/her termination. After serving the charge sheet, employee is expected to give the reply. This completes the process of communication.
It appears that you have not followed or would not like to follow due process of law. If you had followed, you would not have raised this query!
Thanks,
Dinesh Divekar
From India, Bangalore
There are two reasons for which employees are fired. Either it is under-performance or misconduct. Whatever may be the reason, you need to conduct the domestic enquiry. After the domestic enquiry when the charge sheet to the employee is issued, this in itself is communication to the employee on his/her termination. After serving the charge sheet, employee is expected to give the reply. This completes the process of communication.
It appears that you have not followed or would not like to follow due process of law. If you had followed, you would not have raised this query!
Thanks,
Dinesh Divekar
From India, Bangalore
Dear Nagaveni, put yourself in that worker’s position and tell us how you would feel if you were fired without any reason.
From United Kingdom
From United Kingdom
""There are two reasons for which employees are fired. Either it is under-performance or misconduct. Whatever may be the reason, you need to conduct the domestic enquiry. ""
If the person is a contract employee and the terms stipulate that company can terminate contract without assigning any reason with one month notice from either side.
Otherwise as learned member Shri Dinesh has mentioned should be kept in mind.
Procedure should not be short circuited for convenience of organization.
From India, Pune
If the person is a contract employee and the terms stipulate that company can terminate contract without assigning any reason with one month notice from either side.
Otherwise as learned member Shri Dinesh has mentioned should be kept in mind.
Procedure should not be short circuited for convenience of organization.
From India, Pune
Dear Friend,
You have a reason in firing an employee.. may be due to underperformance, indiscipline, untrustworthiness, accountability failure, money swindling, bribe in contract, criminal case as the list goes, a reason should be mentioned for firing an employee. Ofcourse, there is clause in every organisation saying/mentioning "You services will be terminated without assigning any reasons during the probationary period" the lines are mentioned for a disciplined worthiness and exercising the same on ground is not good.
Thus, firing an employee should not be exercised as a matter getting rid of excess fat in the organisation, we must give reasons for firing in terms of order, and the response of the employee recorded for the betterment of organisation.
best of luck .............
From India, Arcot
You have a reason in firing an employee.. may be due to underperformance, indiscipline, untrustworthiness, accountability failure, money swindling, bribe in contract, criminal case as the list goes, a reason should be mentioned for firing an employee. Ofcourse, there is clause in every organisation saying/mentioning "You services will be terminated without assigning any reasons during the probationary period" the lines are mentioned for a disciplined worthiness and exercising the same on ground is not good.
Thus, firing an employee should not be exercised as a matter getting rid of excess fat in the organisation, we must give reasons for firing in terms of order, and the response of the employee recorded for the betterment of organisation.
best of luck .............
From India, Arcot
There are also some more reasons for termination/discharge (other than terminated/discharged on disciplinary grounds):
1) Closure of projects/want of orders & on the bench strength for long time
2) Closure/merging/obsorption of co. with other co.
3) Optimisation of existing man power/rationalisation
4) Completing of tenure and so on.
5) Cost cutting
6) VRS/VSS.
In these cases most companies give an option to relieved employees to "resign" (of course with due benefits whatever agreed upon) so that they'll not face problems when scouting for employment post separation. It's only fair enough ON THE PART OF EMPLOYER to mention a trouble free "Reason for leaving" while issuing the relieving letter/service certificates in order to help the unfortunate lots.
From India, Bangalore
1) Closure of projects/want of orders & on the bench strength for long time
2) Closure/merging/obsorption of co. with other co.
3) Optimisation of existing man power/rationalisation
4) Completing of tenure and so on.
5) Cost cutting
6) VRS/VSS.
In these cases most companies give an option to relieved employees to "resign" (of course with due benefits whatever agreed upon) so that they'll not face problems when scouting for employment post separation. It's only fair enough ON THE PART OF EMPLOYER to mention a trouble free "Reason for leaving" while issuing the relieving letter/service certificates in order to help the unfortunate lots.
From India, Bangalore
Agree with Mr. Kumar S, if it is retrenchment then company should be fair enough to deal accordingly and relieve the employee. If the employee is being terminated for other reason i.e. on disciplinary grounds then proper domestic enquiry and all related procedures has to be taken in account and lastly termination with reasons thereof. Paying 3 months salary is not a favor done to the employee please keep that in mind.
From India, Ahmadabad
From India, Ahmadabad
In a nutshell the answer to the original poster of the query is:
Employees are human resources and well treated and engaged employees are the real strength of any organisation.
Termination of the relationship needs to be done with care and following principles of natural justice.
Meet all financial dues as laid down in appointment order.
Dont find ways to cut down on what employee is due to get.
Obviously a proper reason is necessary for termination.
Enquiry into facts which finally lead to termination should be done by employer,giving employee full chance to defend himself/herself
I would quote Mathews 7:12which renders a thought of great wisdom:
In everything, then, do to others as you would have them do to you. For this is the essence of the Law and the prophets.
Be fair,transparent and balanced in your actions as employer.
From India, Pune
Employees are human resources and well treated and engaged employees are the real strength of any organisation.
Termination of the relationship needs to be done with care and following principles of natural justice.
Meet all financial dues as laid down in appointment order.
Dont find ways to cut down on what employee is due to get.
Obviously a proper reason is necessary for termination.
Enquiry into facts which finally lead to termination should be done by employer,giving employee full chance to defend himself/herself
I would quote Mathews 7:12which renders a thought of great wisdom:
In everything, then, do to others as you would have them do to you. For this is the essence of the Law and the prophets.
Be fair,transparent and balanced in your actions as employer.
From India, Pune
Dear Sir,
In our country we do not have a hire and fire policy. There are only 2 ways in which an employee can be terminated, one is by way of punishment which should be preceded by a chargesheet and domestice enquiry to givie him an opporunity to prove his innocence, if you are engaging more than 50 employees then the enquiry is conducted as per the Standing orders Act, secondly, by way of surplusage, i.e. if he is rendered surplus for some reason in his category of workmen. This is governed by the Industrial Disputes Act which is a central act applicable pan India. If the retrenchment is to be carried out then an individual notice citing reasons for retrenchment has to be given in addition to retrenchment compensation @ 15 days salary per completed years of service and one months notice pay. The retrenchment has to be valid and justified in the eyes of law.
All this provided, he is an employee engaged in manual, clerical, technical or supervisory work drawing salary less than Rs.1600 or though salary is higher, by virtue of his nature of duties he is in workman category.
From India, Pune
In our country we do not have a hire and fire policy. There are only 2 ways in which an employee can be terminated, one is by way of punishment which should be preceded by a chargesheet and domestice enquiry to givie him an opporunity to prove his innocence, if you are engaging more than 50 employees then the enquiry is conducted as per the Standing orders Act, secondly, by way of surplusage, i.e. if he is rendered surplus for some reason in his category of workmen. This is governed by the Industrial Disputes Act which is a central act applicable pan India. If the retrenchment is to be carried out then an individual notice citing reasons for retrenchment has to be given in addition to retrenchment compensation @ 15 days salary per completed years of service and one months notice pay. The retrenchment has to be valid and justified in the eyes of law.
All this provided, he is an employee engaged in manual, clerical, technical or supervisory work drawing salary less than Rs.1600 or though salary is higher, by virtue of his nature of duties he is in workman category.
From India, Pune
Dear Nagaveni,
What ever may be the reason for terminating the service of an employee, you need to follow the rules mentioned under the employment standing order. you need to calculate the dues basis on that and you need to pay that amount.
But terminating is not a wise solution and I believe he/she has a family and they are dependent on him/her, so we need to give change for his/her development in performance or behavior as applicable.
If proper procedure is not followed then he/she may drag you to court of law, so follow the rules to be in safe side.
From India, Bhubaneswar
What ever may be the reason for terminating the service of an employee, you need to follow the rules mentioned under the employment standing order. you need to calculate the dues basis on that and you need to pay that amount.
But terminating is not a wise solution and I believe he/she has a family and they are dependent on him/her, so we need to give change for his/her development in performance or behavior as applicable.
If proper procedure is not followed then he/she may drag you to court of law, so follow the rules to be in safe side.
From India, Bhubaneswar
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.