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ssgokul
hi,
If you have a branch located in any remote location issue her a transfer letter with 15 days of preparation time to report duty , she will have no other option other than resigning.
regards,
Gokul

From India, Madras
Mytreya
Hello Swati,
As mentioned by you, even after warning letter issued to her, there seems to be little change in her performance. You can terminate her service as per the terms mentioned in the appointment letter. If she is on probation, she may be asked to leave ealry. If she is a confirmed staff, you may have to refer to the terms of the appointment letter issued to her.
- Mytreya

From India, Mumbai
Dada37
1

First time I agree with Asha. But one thing when management take any decision they are already prepared for facing any type of challenge but they can’t change their decision Dada
From India, New Delhi
ritesht
3

But we can terminate the person who cant perform in present assignment without giving him any notice or warning. Regards, Ritesh Thakuar
From India, Delhi
globaloverseas144
46

Dear Swati,
This is an illigal termination.She can challaenge your company into labour courtroom.
what kind of written warning issued to her,on the basis of written warning you can't terminate her unless you received her consent on written warning and she explain about for future growth & work.
You should take advise to some legal experts,most of the company doing like this and cases is still pending since long time(some cases more 40 years old).You should be mature on this.
Issue another two written warning about her performance and give a chance for improvement.
Best Regards
Sajid Ansari-Delhi

From India, Delhi
tdjoshi
3

In my opinion, in Indian scenerio. workmen are protected very highly. Secondly they fall under the Unionised staff for the matter of Industrial Disputes under the Act. Last but not the least if the employee belongs to SC-ST catagory for the God sake don't think on the lines of Termination else you and your company may have a tough time. Give her a job rotation or don't give any job, just allow her to sit in a corner for eight hours with absolutely no work and no talks that will better solve the problem.



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From India, Vadodara
priteshparmar
Hi!!! Terminating is not the solution for the company. How we can allow him/her to improve them self. After this also they will not perform than termination option we will have to selct.
From India, Mumbai
venuhralkabeer
u can terminate her, before that you have to isue warning letter and showcase notice after that you can terminate her regards, M.V.Gopal Reddy
From India, Hyderabad
dalipbisht
Hi Swati,
If an employee is not performing as per the company standared her employment can be terminated as under:
1) Check if you have a copy of appointment letter where employee has accepted the term & condition of the employment.
2) Check the termination clause specified in the appointment letter.
3) Before issuing her notice as per the termination clause, issue a show cause noitice to her giving her 15 days time.
4) In case company is not satified with the reply submitted by her, issue a notice of termination giving proper notice period mentioned in the employment letter.
5) On completion of notice period, get no objection certificates from the department heads and relieve her from employment.
6) If she is in a key position, you can release a press note stating that this employee is not working with us and if any person deals with him, company will have no liability for any kind of loss.
5) Take a certificate from her for the full & final settlement.
Regards,
Dalip Bisht

From India, Delhi
ravinaidu
If confirmation letter not served to her then extend her Probation Period and thenafter terminate her.:razz: Ravi Naidu
From India, Indore
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