Hi all,
The reason for the termination being low performance levels is whether it is necessary to give a notice period to the employee or if they can be terminated with immediate effect. I believe that an immediate termination will have a negative impact on the other employees of the firm. However, if the employee is given a notice period to serve, there is a high chance of them speaking negatively about the management to their peers.
Please suggest!
From India, Ahmadabad
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2The reason for the termination being low performance levels is whether it is necessary to give a notice period to the employee or if they can be terminated with immediate effect. I believe that an immediate termination will have a negative impact on the other employees of the firm. However, if the employee is given a notice period to serve, there is a high chance of them speaking negatively about the management to their peers.
Please suggest!
From India, Ahmadabad
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Hi,
You have correctly said that such an employee will 'badmouth' and can impact your organization's business as well owing to poor performance and low productivity. In such cases, termination is the only option left, but before you do that, you need to ensure that you have complied with the law. As an HR professional, you need to ensure that you have sufficient documentation in place citing the employee's poor performance, particularly from their supervisor. The immediate supervisor will have to provide facts (evidence of poor performance); it's only on the basis of those details that such decisions can be taken. Moreover, you also need to ensure that you have treated the employee fairly, explained their performance issues, taken their acknowledgment in writing, and given them enough chances to improve in the past.
If such compliances are not met, there's a chance that the employee might drag you to court, which could prove to be a nightmare for you and your organization.
Amit
From India, Delhi
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You have correctly said that such an employee will 'badmouth' and can impact your organization's business as well owing to poor performance and low productivity. In such cases, termination is the only option left, but before you do that, you need to ensure that you have complied with the law. As an HR professional, you need to ensure that you have sufficient documentation in place citing the employee's poor performance, particularly from their supervisor. The immediate supervisor will have to provide facts (evidence of poor performance); it's only on the basis of those details that such decisions can be taken. Moreover, you also need to ensure that you have treated the employee fairly, explained their performance issues, taken their acknowledgment in writing, and given them enough chances to improve in the past.
If such compliances are not met, there's a chance that the employee might drag you to court, which could prove to be a nightmare for you and your organization.
Amit
From India, Delhi
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Thank you, Amit.
There are no documents that can prove his low performance. However, there were many verbal notices given to him to date, but it has not improved his performance. What can be done?
Regards,
Shital
From India, Ahmadabad
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There are no documents that can prove his low performance. However, there were many verbal notices given to him to date, but it has not improved his performance. What can be done?
Regards,
Shital
From India, Ahmadabad
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In cases of layoff or cost reduction, the company has to be in line with the rules as stated in their respective appointment letters.
The best and safest way of termination is giving a month's/2 months' notice (referring to the appointment letter) so that the employee doesn't become violent and create a bad scenario. Alternatively, if you are still terminating him on the spot, the company is supposed to pay him a month's/2 months' basic salary. It all depends on the rules stated in the respective appointment letters given to employees. That's the tool they can use against you.
Rajashree
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The best and safest way of termination is giving a month's/2 months' notice (referring to the appointment letter) so that the employee doesn't become violent and create a bad scenario. Alternatively, if you are still terminating him on the spot, the company is supposed to pay him a month's/2 months' basic salary. It all depends on the rules stated in the respective appointment letters given to employees. That's the tool they can use against you.
Rajashree
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Hi Shital,
In continuation of my previous response, I still recommend documenting his performance issues. You should ask his respective supervisor to do so and have the employee acknowledge it in writing. The challenge here will be that this will require some time, which I believe would be a wise investment to avoid any issues later.
After organizing all the supporting documents, you can wait a couple of weeks and then proceed with the termination. The ideal approach would be to have the employee resign voluntarily. You can provide them with their relieving or experience letter along with the full and final (F&F) payment, including their notice period payment. If the employee does not agree to resign, then you can present them with the termination letter.
Please let me know if you have any further queries.
Amit
From India, Delhi
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In continuation of my previous response, I still recommend documenting his performance issues. You should ask his respective supervisor to do so and have the employee acknowledge it in writing. The challenge here will be that this will require some time, which I believe would be a wise investment to avoid any issues later.
After organizing all the supporting documents, you can wait a couple of weeks and then proceed with the termination. The ideal approach would be to have the employee resign voluntarily. You can provide them with their relieving or experience letter along with the full and final (F&F) payment, including their notice period payment. If the employee does not agree to resign, then you can present them with the termination letter.
Please let me know if you have any further queries.
Amit
From India, Delhi
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