Ukmitra
Business Development, Employee Relations,
Jhuma Tiwade
Manager- Human Resources
Rajanassociates
Legal Counsel
Kumaresank
Labour & Industrial Laws
Vineetsaini19
Recruitment, Appraisals
RedMad
Educationist, Motivational Speaker, Lean
Iinfrasolservices
Hr & Back End Operations
Brijesh.deshmukh@rediffma
Talent Acquisition (recruitment,selection
+4 Others

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Dear Seniors,
Kindly suggest me a formal legal way of terminsting an employee due to his non perfomance.
He had been given perfomance wrning letters months back and warned to perform well. Now the situation has not been changed.
Written warning an verbal warning were given. even though he is not improving himself.
Now he is in the finishing stage of a project which he handle alone. The decision is to hold the salary till he complete the project.
Also the mangement wants to give him two options such as.
1. In future he will not work with the current salary. The Salary would be lesser.
2. not Accepted the 1st Option he has to quit the Organization.
I am going to handle this situation now. How can I legally handle this case.
I would be grate full for your experienced and valuable suggestions
Regards
Soja Oliver
HR ADMIN
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Dear Seniors,
Again what would be the legal method of terminating an employee considering above case.
Please suggest your thoughts
I am preparing a letter and now i am looking strong and valuable points can incorporate in the letter.
Kindly provide your inputs
Regards
Soja
Dear Soja,

First, never disclose your company name on blogs. You are bounded by your confidentiality agreement with your company not disclose official issues and this would go against you and your job. Please remove it immediately.

Now to your issues,

1. Holding salary of employee is inhuman and against law. Your company will have tough time legally if the employee compaint to Labor office.

2. Why would you give him the option to resign now, if you want him to complete the project.

3. If you want to him to resign after complition of project, then I guess your earlier warning notice should be enough.

4. Also, I am not clear, when the employee is compliting the project why is he not a good performer. What makes your management think that. Please be very clear and fair. Do not go by what the management is saying. Think in HR prespective and understand the situation and handle.

5. Ensure that the employee is given fair chance to improve before either terminating him from service due to non-performane or otherwise.

Hope this is helpful

Ukmitra
Are you sure it is his non-performance which is the reason for termination or is there something more to it. Have you ever thought why does the management want to give him the option of working for a lesser salary????....it has to be either termination or lesser salary and not options of both. Remember that HR is supposed to hold the employees and the organization together and be fair to both at the same time (tough job really!)...if HR has to merely act as a messenger then I guess it would be in-human resource.
you have already given him the warning notice, which makes termination at ease.
But as you have mentioned that the company cant terminate him untill he complete the project. so its better to wait till the notice period days matches with the duration to compelte the project. And that could be the moment you can issue the final termination letter asking to serve the notice period.
Regards,
Swati gupta
Yes, do not withhold salary.
Give necessary training where posssible and document the procedure.
Check improvement, if no improvement, document and take it forward.
Most important, document all the processes.
Hi Soja, As you have issued Warning letters, kindly hold a domestic enquiry and prove his non performance in the enquiry and terminate his service.
Hi as you have issued warning letters, kindly hold a domestic enquiry and prove his non performance and terminate his services, you will be legally strong
Very nicely explained Ukmitra.

[QUOTE=ukmitra;997885]Dear Soja,

First, never disclose your company name on blogs. You are bounded by your confidentiality agreement with your company not disclose official issues and this would go against you and your job. Please remove it immediately.

Now to your issues,

1. Holding salary of employee is inhuman and against law. Your company will have tough time legally if the employee compaint to Labor office.

2. Why would you give him the option to resign now, if you want him to complete the project.

3. If you want to him to resign after complition of project, then I guess your earlier warning notice should be enough.

4. Also, I am not clear, when the employee is compliting the project why is he not a good performer. What makes your management think that. Please be very clear and fair. Do not go by what the management is saying. Think in HR prespective and understand the situation and handle.

5. Ensure that the employee is given fair chance to improve before either terminating him from service due to non-performane or otherwise.

Hope this is helpful

Ukmitra
Hi
If his performance is so poor you can assign another capable person for the same work/project. When he feels that he is not recognized, he will leave the organization eventually.
Holding salary is inhuman. Further, he can challenge for his salary, not for his recognition.
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