Hi Everyone,
I am working in a software company as an HR Executive. Recently, we have encountered an issue with an employee who is not performing well, and his attitude is poor. Despite several warnings from management, he has shown no improvement. He has been with us for the last 4 years, and his wife is a public prosecutor. The management has ultimately decided to terminate his employment without facing any legal issues.
Can anyone suggest whether termination is the best option, or would relieving him be more appropriate? Kindly provide your input on this matter.
Regards,
Geetha Nirmalkar
From India, Visakhapatnam
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1I am working in a software company as an HR Executive. Recently, we have encountered an issue with an employee who is not performing well, and his attitude is poor. Despite several warnings from management, he has shown no improvement. He has been with us for the last 4 years, and his wife is a public prosecutor. The management has ultimately decided to terminate his employment without facing any legal issues.
Can anyone suggest whether termination is the best option, or would relieving him be more appropriate? Kindly provide your input on this matter.
Regards,
Geetha Nirmalkar
From India, Visakhapatnam
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Dear Geetha,
A letter of appointment is a contract between the employer and the employee. If either party wishes to terminate the contract, it cannot be continued by the other party. However, the terms and conditions of the contract for separation must be adhered to.
What is the notice period for the employee in question? Please issue a letter discontinuing his services. When you do this, either pay him as per the notice period or let him continue until he completes the notice period.
Separation due to poor performance is quite common. When you issued your earlier notices, you could have included a clause on discontinuation of services at that time.
By the way, why are you getting bogged down because of the profession of the employee's spouse? The spouse's profession and the employee's performance are two unrelated matters.
Thanks,
Dinesh Divekar
Bangalore - 560092
From India, Bangalore
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A letter of appointment is a contract between the employer and the employee. If either party wishes to terminate the contract, it cannot be continued by the other party. However, the terms and conditions of the contract for separation must be adhered to.
What is the notice period for the employee in question? Please issue a letter discontinuing his services. When you do this, either pay him as per the notice period or let him continue until he completes the notice period.
Separation due to poor performance is quite common. When you issued your earlier notices, you could have included a clause on discontinuation of services at that time.
By the way, why are you getting bogged down because of the profession of the employee's spouse? The spouse's profession and the employee's performance are two unrelated matters.
Thanks,
Dinesh Divekar
Bangalore - 560092
From India, Bangalore
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Dear Friend,
It appears from your statement that he is a regular employee. If his services are confirmed and governed by service rules, standing orders of the company, or appointment order, first, you are supposed to issue him a charge sheet, narrating his poor performance or bad attitude, which constitutes misconduct under service rules/standing orders of the company. After receiving his reply to the charge sheet, if the management is not satisfied with his response, then you need to conduct an inquiry by appointing an inquiry officer from outside to avoid legal complications. If the charges are proven in an inquiry report, then you need to send him a show-cause notice for proposed dismissal or discharge along with the inquiry report. Only after receiving his remarks can you terminate his services for the proven act of misconduct.
On the other hand, if you simply terminate the service of any confirmed employee by invoking the relevant clause in the appointment order, giving one month's notice, or making payment in lieu of notice, sometimes it does not prove trustworthy, as you are leveling severe allegations against this employee, i.e., poor performance/bad attitude, which is supposed to be proven in an inquiry as per the principles of natural justice.
Regards.
From India, Hyderabad
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It appears from your statement that he is a regular employee. If his services are confirmed and governed by service rules, standing orders of the company, or appointment order, first, you are supposed to issue him a charge sheet, narrating his poor performance or bad attitude, which constitutes misconduct under service rules/standing orders of the company. After receiving his reply to the charge sheet, if the management is not satisfied with his response, then you need to conduct an inquiry by appointing an inquiry officer from outside to avoid legal complications. If the charges are proven in an inquiry report, then you need to send him a show-cause notice for proposed dismissal or discharge along with the inquiry report. Only after receiving his remarks can you terminate his services for the proven act of misconduct.
On the other hand, if you simply terminate the service of any confirmed employee by invoking the relevant clause in the appointment order, giving one month's notice, or making payment in lieu of notice, sometimes it does not prove trustworthy, as you are leveling severe allegations against this employee, i.e., poor performance/bad attitude, which is supposed to be proven in an inquiry as per the principles of natural justice.
Regards.
From India, Hyderabad
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Dear Ms. Geetha,
I would suggest keeping it simple.
1. Issue a show cause notice from the company without the help of a lawyer. Choose the correct words; it should not resemble a legal notice. Ask for clarification of his behavior in this communication.
2. In response, he will clarify the points in writing.
3. Keep a record of this correspondence.
4. As you mentioned, it is his habit, and he is likely to repeat it. In that case, issue two warning letters with a gap of 15 days to 1 month.
5. Following these steps, you can terminate him, either with the condition to pay or to serve the notice period.
Remember, we are HR professionals, not lawyers, so handle the situation with a balanced approach.
Thanks & Regards
From India, Delhi
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I would suggest keeping it simple.
1. Issue a show cause notice from the company without the help of a lawyer. Choose the correct words; it should not resemble a legal notice. Ask for clarification of his behavior in this communication.
2. In response, he will clarify the points in writing.
3. Keep a record of this correspondence.
4. As you mentioned, it is his habit, and he is likely to repeat it. In that case, issue two warning letters with a gap of 15 days to 1 month.
5. Following these steps, you can terminate him, either with the condition to pay or to serve the notice period.
Remember, we are HR professionals, not lawyers, so handle the situation with a balanced approach.
Thanks & Regards
From India, Delhi
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Hi Geetha,
All these processes are hectic and lengthy. Please go through his appointment order to determine the notice period. Based on that, be prepared with a cheque payment (one or two months). Ask his HODs to organize a confidential meeting with him, where they can discuss his inabilities and poor performance record. Ask him to submit his resignation without allowing him to enquire about his contacts, and obtain a supporting letter from his immediate superiors/HODs to support this decision. This will ensure the management's safety and prevent any involvement from the prosecution or labor department in the future. If possible, transfer him to another branch of the company so that he may resign voluntarily.
If the employee does not accept this, you will need to issue a show-cause notice, and the process will be the same as suggested by the members of this forum.
Regards
From India, Hyderabad
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All these processes are hectic and lengthy. Please go through his appointment order to determine the notice period. Based on that, be prepared with a cheque payment (one or two months). Ask his HODs to organize a confidential meeting with him, where they can discuss his inabilities and poor performance record. Ask him to submit his resignation without allowing him to enquire about his contacts, and obtain a supporting letter from his immediate superiors/HODs to support this decision. This will ensure the management's safety and prevent any involvement from the prosecution or labor department in the future. If possible, transfer him to another branch of the company so that he may resign voluntarily.
If the employee does not accept this, you will need to issue a show-cause notice, and the process will be the same as suggested by the members of this forum.
Regards
From India, Hyderabad
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Dear Ms. Geetha,
I agree with Sh. N. V. Rao and Ms. Shweta Verma that one's services can only be terminated in accordance with the terms & conditions of the appointment or as per the conditions envisaged in the contract entered into with the employer. Primarily, one should always keep in mind that no termination is considered legal & valid unless the "Principles of natural justice" are followed. It hardly matters the number of years he is serving with you or whether his wife is a public prosecutor. If he is not a productive worker and not listening to the management, he needs to be terminated, but proper procedure has to be gone through. I do not consider it proper when you say that "management decided to relieve him without any legal issues". You are not the authority to decide which is the legal issue or not. Now you need to watch his reaction to your decision.
I agree with another suggestion given by Sh. N. V. Subba Rao, which is "persuasion" to submit his resignation even if you have to pay him some extra amount, which would have saved the situation. If he was not agreeable to your proposal, then of course you need to take the long course of charging him.
BS Kalsi
N. V. SUBBA RAO
From India, Mumbai
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I agree with Sh. N. V. Rao and Ms. Shweta Verma that one's services can only be terminated in accordance with the terms & conditions of the appointment or as per the conditions envisaged in the contract entered into with the employer. Primarily, one should always keep in mind that no termination is considered legal & valid unless the "Principles of natural justice" are followed. It hardly matters the number of years he is serving with you or whether his wife is a public prosecutor. If he is not a productive worker and not listening to the management, he needs to be terminated, but proper procedure has to be gone through. I do not consider it proper when you say that "management decided to relieve him without any legal issues". You are not the authority to decide which is the legal issue or not. Now you need to watch his reaction to your decision.
I agree with another suggestion given by Sh. N. V. Subba Rao, which is "persuasion" to submit his resignation even if you have to pay him some extra amount, which would have saved the situation. If he was not agreeable to your proposal, then of course you need to take the long course of charging him.
BS Kalsi
N. V. SUBBA RAO
From India, Mumbai
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Dear Madam,
What Mr. Rao suggests is always correct. Without giving any notice, charge sheet, or holding an enquiry, you cannot terminate an employee who is confirmed. It comes under victimization and goes against the principles of natural justice.
Thanks & Regards,
V R Rao Pulipaka
From India, Chennai
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What Mr. Rao suggests is always correct. Without giving any notice, charge sheet, or holding an enquiry, you cannot terminate an employee who is confirmed. It comes under victimization and goes against the principles of natural justice.
Thanks & Regards,
V R Rao Pulipaka
From India, Chennai
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If you are proposing a legal action by fully complying with laws and regulations, it will be a lengthy process. In such a situation, you may act as per the suggestion given by Mr. Rao. Effect a "forced resignation" instead of termination.
Thanks,
R. K. Nair
From India, Aizawl
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Thanks,
R. K. Nair
From India, Aizawl
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Dear Geetha ji, I have not understood your below given quote. Can you please explain the term termination and the term reliving?
From India, Mumbai
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From India, Mumbai
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Dear Friends,
This is a fitting case on how to terminate an employee with notice or by persuasion without causing harm to the organization. This is one of the best scenarios to address in terms of performance or attitude, yet relieving the services is crucial for the organization. As Shri Rao pointed out, in both cases, the organization has to make a decision, particularly by the appropriate authorities.
Upon hearing the issue, the employer certainly noticed a bad attitude that is crucial to eliminate from the organization. This bad attitude leads to poor performance, which might have been observed through monitoring work efficiency, thereby prompting the authorities to identify the bad attitude. It is likely that a harsh reality existed, as his performance deteriorated due to his bad attitude.
Labeling the employee prima facie, it becomes evident that the individual's bad attitude is the main reason and threat to his continuation in the organization. Informing him about his recently developed bad attitude, the appropriate authorities should issue a caution notice clearly stating that the reason for continuing employment/service will become a cause, and the organization will not suffer or be harmed due to his attitude, which would impact all other staff/employees. Since no organization can bear the suffering of a single person, this case clearly justifies removing a bad employee; poor performance will subsequently lead to his termination from service. An employee's conduct forms the primary basis of employment, with the rest following suit. The organization must provide a service certificate reflecting good conduct as being seen as unemployable for future employment, as highlighted by Shri Dinesh Divekar; spousal employment and the employee's conduct are two distinct categories that should not be merged.
Best of luck...
From India, Arcot
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This is a fitting case on how to terminate an employee with notice or by persuasion without causing harm to the organization. This is one of the best scenarios to address in terms of performance or attitude, yet relieving the services is crucial for the organization. As Shri Rao pointed out, in both cases, the organization has to make a decision, particularly by the appropriate authorities.
Upon hearing the issue, the employer certainly noticed a bad attitude that is crucial to eliminate from the organization. This bad attitude leads to poor performance, which might have been observed through monitoring work efficiency, thereby prompting the authorities to identify the bad attitude. It is likely that a harsh reality existed, as his performance deteriorated due to his bad attitude.
Labeling the employee prima facie, it becomes evident that the individual's bad attitude is the main reason and threat to his continuation in the organization. Informing him about his recently developed bad attitude, the appropriate authorities should issue a caution notice clearly stating that the reason for continuing employment/service will become a cause, and the organization will not suffer or be harmed due to his attitude, which would impact all other staff/employees. Since no organization can bear the suffering of a single person, this case clearly justifies removing a bad employee; poor performance will subsequently lead to his termination from service. An employee's conduct forms the primary basis of employment, with the rest following suit. The organization must provide a service certificate reflecting good conduct as being seen as unemployable for future employment, as highlighted by Shri Dinesh Divekar; spousal employment and the employee's conduct are two distinct categories that should not be merged.
Best of luck...
From India, Arcot
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