Hi everyone! I am working in a middle-level company with an employee strength of 100 employees. Kindly let me know what the labor law clauses are that we need to follow if we terminate any employee on grounds of non-performance. Can we actually do that, and how? Please help.
From India, Delhi
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From India, Delhi
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Dear Aastha,
You could have a little more information about the employee whom you want to terminate. What type of job does he do? How many years has he worked? Have you provided any training to augment his performance? Did his manager provide him any support to elevate his performance? Is it that his performance was good earlier but has lately nosedived?
Before terminating, you need to conduct the domestic enquiry. In the enquiry, you need to give a chance to the employee to defend his case. If the non-performance is proved during the enquiry, then you may take disciplinary action, which could include termination of employment.
Another factor worth considering is beyond your query. Taking action against an under-performing employee is fine, but was it a wrong recruitment? If yes, then who is responsible for the wrong selection?
Thanks,
Dinesh Divekar
From India, Bangalore
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8218You could have a little more information about the employee whom you want to terminate. What type of job does he do? How many years has he worked? Have you provided any training to augment his performance? Did his manager provide him any support to elevate his performance? Is it that his performance was good earlier but has lately nosedived?
Before terminating, you need to conduct the domestic enquiry. In the enquiry, you need to give a chance to the employee to defend his case. If the non-performance is proved during the enquiry, then you may take disciplinary action, which could include termination of employment.
Another factor worth considering is beyond your query. Taking action against an under-performing employee is fine, but was it a wrong recruitment? If yes, then who is responsible for the wrong selection?
Thanks,
Dinesh Divekar
From India, Bangalore
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Hi Dinesh,
Sure. He is a sales associate. It's been 8 months that he has been working in our organization.
I have a domestic call center that sells insurance policies. These sales associates are provided with monthly targets that they need to fulfill. The numbers they meet in relation to their targets indicate their level of performance. Anyone who fails to meet the targets is put on PIPs - Performance Improvement Plans. The 1st PIP lasts for 1 month, and the 2nd PIP is for 2 weeks. Those who fail in both PIPs are asked to leave due to non-performance.
Regarding this employee, he has failed in both PIPs, and the data regarding his reports has been shared with him.
Please note - These sales associates are first put through training sessions that include sales and product training, lasting a minimum of 2 weeks. While his performance has always been average, he is now failing to meet the targets.
Primarily in sales, each employee is judged based on their targets. The attrition rate is quite high among them as the pressure to make sales is significant.
So, if we need to ask any sales associate to leave, what should be the notice period we provide to them, considering the labor laws of the country?
Please help.
Regards,
Aasthaa
From India, Delhi
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Sure. He is a sales associate. It's been 8 months that he has been working in our organization.
I have a domestic call center that sells insurance policies. These sales associates are provided with monthly targets that they need to fulfill. The numbers they meet in relation to their targets indicate their level of performance. Anyone who fails to meet the targets is put on PIPs - Performance Improvement Plans. The 1st PIP lasts for 1 month, and the 2nd PIP is for 2 weeks. Those who fail in both PIPs are asked to leave due to non-performance.
Regarding this employee, he has failed in both PIPs, and the data regarding his reports has been shared with him.
Please note - These sales associates are first put through training sessions that include sales and product training, lasting a minimum of 2 weeks. While his performance has always been average, he is now failing to meet the targets.
Primarily in sales, each employee is judged based on their targets. The attrition rate is quite high among them as the pressure to make sales is significant.
So, if we need to ask any sales associate to leave, what should be the notice period we provide to them, considering the labor laws of the country?
Please help.
Regards,
Aasthaa
From India, Delhi
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