shallow,genius
can any one tell me what is the procedure of warning , should we issue them warning letters?? or after how many warning letters we can terminate employee
From Pakistan
Cite Contribution
1859

Greetings,

Any termination requires handling with sensitivity and strict adherence to the legal procedures. Please consult the clauses and duration as mentioned in the appointment letter.

The termination if identified requires to follow a process of offering complete opportunity to perform. Avoid terminating on the spot , until and unless, its a crime committed or a serious non-adherence to the corporate guidelines.

Incase you need to terminate on the performance issues, please establish the Performance-Improvement-Process where every support to perform and train gets documented.

At the beginning of PIP , please inform the employee in a meeting and issue a letter discussing the reasons for initiating the same. Once you arrive at a conclusion , request the employee to sign and return a copy so that it remains as a proof of mutual agreement.



If the employee fails to improve its performance , by the standards agreed in PIP, inform through a letter issued, within next 14 days. If only , there are no further improvement, on 21st Day , issue a letter of termination.

Other than this, if you need to terminate an employee on continuous absence from work, please follow the same three weeks information process. Here you need to send the first letter to establish the consequences if not resume working. On 14th day issue a letter to declare it would be a termination, if still no action is taken. On 21st day, the termination letter gets issued.

The process of informing the employee through out the reliving period may remain industry and organization specific. However, please abide by the most judicial and fair method. The talent will remain your ambassador to the talent market. You will need to cut your losses, without making yourself bleed in the long run.

Regards,

(Cite Contribution)


From India, Mumbai
anil.arora
664

A very appreciating and best response you already have by Ms (Cite Contribution) but if you still want more can go to the below weblinks as the same topic has already been discussed here..
Thanks to Ms (Cite Contribution)
https://www.citehr.com/73669-sample-warning-letter.html
https://www.citehr.com/109349-proced...ng-letter.html

From India, Gurgaon
Dinesh Divekar
7884

Dear (Cite Contribution),
Labour courts have ruled 'n' number of times against the termination without conducting the domestic enquiry. Mere a letter of termination after 21 days of absence is not sufficient. It will not stand scrutiny of law.
The first thing courts look is whether the enquiry was conducted and if it was conducted then was it fair, unbiased and impartial. Was it vitiated because of any circumstances. If the principles of natural justice were followed then courts do not intervene.
Classic example is Govt of India vs Chief of Army Staff. Government had to withdraw its order December 30, 2011 as it did not stand scrutiny of law. Supreme Court had pulled up central government for not following the correct procedure. Later the verdict went in favour of Govt that is another story.
Termination without enquiry is justified only in case of criminal/disruptive acts or actions of moral turpitude.
Ok...
DVD

From India, Bangalore
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