Hi everyone... I’ve been asked to formulate a policy for employee’s sacking/firing. I am in great need of all of you.. Regards, Monika Joshi
From India, Delhi
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From India, Delhi
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Hi Monika Joshi,
There won't be any sacking and firing policy. If it is a factory, then refer to your certified standing orders or model standing orders as per the terms and conditions of your appointment letter.
The sacking and hiring shall be based on two counts - indiscipline and non-performance.
Indiscipline: For cases of indiscipline, you have to issue a charge sheet, organize an inquiry, and if proven, then you can terminate or take appropriate disciplinary action.
Non-performance: Provide targets, monitor progress, communicate expectations, issue a performance improvement plan, evaluate on a monthly basis, and if the expectations are still not met, ask for resignation. If the employee is not willing to resign, then termination may be necessary.
In all termination, sacking, or firing situations, exercise caution. Often, when an employee seeks assistance from the labor department or takes legal action, it may backfire, leading to potential reinstatement with back wages, which could have severe consequences for the organization.
Regards,
Kamesh
From India, Hyderabad
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191There won't be any sacking and firing policy. If it is a factory, then refer to your certified standing orders or model standing orders as per the terms and conditions of your appointment letter.
The sacking and hiring shall be based on two counts - indiscipline and non-performance.
Indiscipline: For cases of indiscipline, you have to issue a charge sheet, organize an inquiry, and if proven, then you can terminate or take appropriate disciplinary action.
Non-performance: Provide targets, monitor progress, communicate expectations, issue a performance improvement plan, evaluate on a monthly basis, and if the expectations are still not met, ask for resignation. If the employee is not willing to resign, then termination may be necessary.
In all termination, sacking, or firing situations, exercise caution. Often, when an employee seeks assistance from the labor department or takes legal action, it may backfire, leading to potential reinstatement with back wages, which could have severe consequences for the organization.
Regards,
Kamesh
From India, Hyderabad
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Hi Monica,
Sacking/Firing Policy!!! LOL....
Why would you have a policy for firing/sacking unless you are really wanting to do it on a regular basis... Dont even get into it. Every organization has a code of conduct and performance expectations. Your policy should mention that failure to follow the code of conduct or meet performance expectations could result in termination of employment.
Your sacking/firing policy must be part of a broader "Termination of Employment" clause/policy. Also, please understand what Kamesh has rightly mentioned. Policies are formed by HR/management but they must be vetted by your legal expert. All policies are legal rules that can be challenged in the court of law.
Cheers
From India, Delhi
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Sacking/Firing Policy!!! LOL....
Why would you have a policy for firing/sacking unless you are really wanting to do it on a regular basis... Dont even get into it. Every organization has a code of conduct and performance expectations. Your policy should mention that failure to follow the code of conduct or meet performance expectations could result in termination of employment.
Your sacking/firing policy must be part of a broader "Termination of Employment" clause/policy. Also, please understand what Kamesh has rightly mentioned. Policies are formed by HR/management but they must be vetted by your legal expert. All policies are legal rules that can be challenged in the court of law.
Cheers
From India, Delhi
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Dear Monika,
You need to follow the principle of natural justice with any employee before you terminate them. You must have proper documentation; otherwise, the employee may file a case against the employer.
Kindly let me know which industry you are working in and why you want to terminate them?
Regards,
Karunakaran.J
From India, Bangalore
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You need to follow the principle of natural justice with any employee before you terminate them. You must have proper documentation; otherwise, the employee may file a case against the employer.
Kindly let me know which industry you are working in and why you want to terminate them?
Regards,
Karunakaran.J
From India, Bangalore
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KRA and Performance Management Policy.doc