Hi members:
I would like to understand from you the legal position of terminating an employee on the basis of performance in a IT/ITES org. Can a person who is at the bottom 5% of the employee population be terminated on the grounds of non-performance? If so, what necessary steps would have to be taken to be legally complaint.
Looking forward to your responses...thanks.
From India, Bangalore
I would like to understand from you the legal position of terminating an employee on the basis of performance in a IT/ITES org. Can a person who is at the bottom 5% of the employee population be terminated on the grounds of non-performance? If so, what necessary steps would have to be taken to be legally complaint.
Looking forward to your responses...thanks.
From India, Bangalore
The person who has offered a job has the right to take it back also whether on the basis of his performance or other. The employer is the judge of one's performance. Only thing to be considered is the time span within which the decision to terminate the service is taken. Under normal circumstances an employer is expected to review the performance of an employee within a year. If he finds that he is no longer required he can send the employee out by giving him reasonable time to find an alternative employment. If the employee comes under the purview of Industrial Disputes Act (IT sector employees also come comer ID Act) he shall be paid 15 days salary as retrenchment compensation for the one year worked.
Termination of employment on the ground of non performance after so many years of service is not justifiable because an employer can not take such a long period to understand whether the employee in question is fit for him or not. If an employer does so it will be deemed as victimisation which is against laws of natural justice. Here also there is nothing wrong provided the employee retrenched is given compensation at the rate of 15 days salary for every completed year of service and is given notice (at least one month) of his retrenchment or payment in lieu of such notice.
Regards,
Madhu.T.K
From India, Kannur
4250Termination of employment on the ground of non performance after so many years of service is not justifiable because an employer can not take such a long period to understand whether the employee in question is fit for him or not. If an employer does so it will be deemed as victimisation which is against laws of natural justice. Here also there is nothing wrong provided the employee retrenched is given compensation at the rate of 15 days salary for every completed year of service and is given notice (at least one month) of his retrenchment or payment in lieu of such notice.
Regards,
Madhu.T.K
From India, Kannur
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Termination-emp loyment_563.pdf
Termination letter.doc