Legal Analyst, Hrm
Praveen Kumar Kambhampati
Director Operations
Employee Comp & Ben
Learning & Development And Organisation
Deepesh Khandelwal
Finance & Accounts / Audit.
Industrial Relations, Admn, Csr
Suhas Hone
Qa / Six Sigma
+7 Others

Dear Senior
What is the legal process for terminating or releasing a employee on grounds of poor performance and also if the employee is not yet confirmed in the company.
I need this information urgently, hence requesting all to please reply ASAP..
Thanks & Regards
26th May 2010 From India, Pune
Under such circumstances this is what you can do :
Prepare a warning letter stating that he need to improve his level of performance and a time of 2 months is given . HR and TL should let the employee know on what grounds he has to enhance his level of performance. Employee should sign the letter and the same should be filed in their respective file. The employee should be aware that in case if he fails to reach the expectation of TL, termination letter will be issued.
After 2 months down the line, HR should conduct an review and if still the TL is not satisfied with the employee performance a second warning letter will be issued and a span of 1 month will be given to the employee to prove himself.
At the end of 1 month if nothing seems to change then an termination letter can be issued stating that despite of two levels of warning we have not seen any change in your level of performance so management has come to an decision to issue the termination.
26th May 2010 From India, Madras
I do agree with the steps sugestted with Maliniluky. BUT one has also to be doubly sure about the exisiting performance creteria and standard in the organisation. Is there any performance standard being observed in the organisation or on the pretext of performance the guy is being made scapegoat. Generally the issue lies not on performance but something else like ego clash with seniors. The role of HRD shold not be repremanding rather it is developmental. You need to introspect what is wrong with the organisation and why the employee is not being able to perform. You can try to all other option like coaching, mentoring, counceling then if it is not working then use other option of showing him other oppurtunity in life. I am not agreed with the performance could be reason for termination. If performance is the case then HR should be 1st to be responsible as it has failed to recurit the right person with right competency.
26th May 2010 From India, Delhi
Hi Anuradhha,
the correct process is defined in the appointment letter given to the employee, give them the notice pay amount and ask them to resign and give them the termination letter w.e.f from whatever date giving notice and explaining the reason of non performance in written.
If they are on probation, and there is no notice required( depends on the appointment letter) , you can ask them to leave without paying anything , probably you can give them a month's time to find a job (in case you co. feels the responsibility), but make sure to put down everything in writing.

26th May 2010 From India, Delhi
We upgraded to ACT 2009 about a week ago. Ever since we've upgraded, we have noticed poor performance when accessing certain areas of the ACT application. For example, if a user performs a lookup and then clicks a contact name within those search results, it takes approx 10 seconds before the screen responds and populates the info. Once the contact has been loaded, I'm able to move from field to field without a problem. However, if they jump from a contact to their task list, there's a significant delay (about 15 seconds). There's also a delay any time the history or opprotunities tab is clicked and when an entry is added to either one. In version 2006, we did not have these issues.
26th May 2010 From India, Pune
Hi Maliniluky, Abhishek and Poonam! Thanks for the input, yes, we will consider all the points you suggested before take any final action. Regards Anuradha
26th May 2010 From India, Pune

Just a small suggestion. Termination is a wrong term to use, unless the employee has violated an organization policy, legal or similar bindings.

Performance is relative however poor it is and also dynamic based on business needs. Often we see that best resources (best again is relative here) fail in needy situations.

Also, a consistent poor performer is brought in by the HR team after filtering through a qualifying criteria. So he / she remains the same even if the organization does not see value coming out from the person. So the organization can initiate a Performance enhancement Program and assign a favorable and supportive mentor to guide, advice and monitor the progress this resource is making. My experience, this works wonders as it challenges the individual to take a look at self from inside out and unleashes the capabilities within.

Practically, if this is not happening after 2-3 months of Performance Enhancement Program, it could be the case that there is incompatibility with the boss, team, organization policies, required Technical skills, environment, salary, visible career path, clarity on roles and responsibilities, etc., in which case you could ask the resource to look at other suitable options that would give him/her enough motivation and ownership to perform better. Termination of an employee without a valid reason impacts the organization's reputation more than the individual. And Organization's are not expected to insult / deplete the reputation of an employee on the grounds of poor performance. Organization is meant for employees to make a living, and not necessarily to make profits alone, as we are all often compelled to believe.

In conclusion, please avoid using the word "Termination" and the associated process. Trigger the process of "Resignation" instead, after convincing the performer on the several 'why's he/she would have.

Hope you see value in the suggestion.
27th May 2010 From United States, Ogden
Hi Anuradha,

We are forgetting the basing things. The same guy is being interviewed and selected by the HOD or some one else who is responsible for his performance and if the guy is not yet confirmed means he is less than a six months old that means that the selecting authority is unable to assess his competencies properly and he is unable to bring him to his / her expectations.

Pl. clarify whether there is a monthly evaluation and feed back session, if that system is in place then on monthly basis the HOD will communicate to the employee and obtain his signature so that the employee will be aware of his performance and put efforts in improving his performance and after completion of six months also we should give an opportunity for three more months on PIP (performance improvement plan) and even then if he has not improved then you can take action.

Termination etc should be lost resort, by terminating the people you are sending wrong signals to the other employees. When the process is transperant and structured then other employees will also take it in a positive way.

In my opinion any employee will join organizations to associate for longer durations and most of the employees (more than 80% ) will leave the organizations because of their Boss hence concentrate on this. Even after putting all the efforts from our side if the employee unable to meet our expectations then take a call and seperate.

Thanks and regards - kamesh
27th May 2010 From India, Hyderabad
Hi, Its the career of a person. I want you to study the root cause.
1) Is there a defined, measurable objective was set and communicated to the employee
2) Did he get adequate freedom and resources to reach the objective
3) Can another average engineer would have done the same
4) Was he tried under another team leader
5) Did the employee agree in one-to-one meeting with personal dept that he could not perform upto the expectation which should have been achieved ?
If all are ok, then there is no legal complicity and he has to be asked to simply submit his resignation. Many a time, I fear that adequate opportunity was not given to the employee to prove the management expectations.
27th May 2010 From India, Madras
I agree with Praveen and want to add that employee should also be given fair chance to grow. I have seen turning star performers to non performers as per organisations norms.
Itís all before doing any adverse try to be fair with employee.
27th May 2010 From India, New Delhi
Hi Anuradha,
Please find a Corrective Action Protocol Document attached.
This will give you a complete process for DAP, CAP, and EDP
As indirectly mentioned by a few experts here the initial step should be to define PERFORMANCE then benchmark it and then only you can rate someone as poor, average, good, excellent.
Prashant Bhandarkar
27th May 2010 From India, Mumbai

Attached Files
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File Type: doc SOP on CAP_DAP_EDP Policy2.doc (269.0 KB, 228 views)

Since the employee is on probation, on the day he completes his probation issue him a letter saying his services are no longer required due to his performance, which is not upto the mark. You need not take any resignation from the employee. However, by this discharge simplicitor, the person may not get job elsewhere. In case he wants to resign, immediately get his letter and issue him resignation acceptance letter on the next day.
This is fully legal.
Ravindra Chaubal
27th May 2010 From India, Nasik
Dear Madam,
Termination is not directly related to the poor performance, i hope so.. It comes to your mind because of various reasons. As many have suggested ,you can let him for various training programmes with respect to the noted performance.
Yet if he is not able to perform well,you could ask him about the proplem that why he is not performing well.An HR manager should reduce the attrition and termination is also considered as an attrition one.If u terminate him, then it is treated as a mistake in your selection process... So i suggest u in his termination and his future as well...
With regards,
Peter Kulandai.S
HR Executive
27th May 2010 From India, Madras
I have been following this discussion. May the experienced HR people respond to this. This is essential as any wrongful termination will lead to litigation which can be avoided if proper guidelines are drawn. This is a very critical issue every organisation faces. Hence I request the experienced seniors to respond positively.
27th May 2010 From India, Madras
Dear Anuradha,
There are so many points which has been covered on this topic Am sure you may have got fair idea, What you need to do, You did not Mention if this Employee has been give a fair chance of improving his performance, And is this consistence perfomance from the day he joined the company, was there a regular Mentoring done by your QA's and your TL's for this Employee before he could fall into poor performance, did you put him into Performance improvement Plan, what was the Action plan taken, against him before you could even think of terminating this Employee, Am 100% sure that no company can ask an employee to leave just because he was not performing please be more specific when you post such quires because we give you suggestion based on what you post, So you need to be More specific when it come to such situation,
28th May 2010 From India, Bangalore
Dear Anuradha,
The best answer to your problem lies in the agreement entered in to with the employee or his appointment letter. I am sure, in any of those documents the provision of termination of his services without assigning any reason must be there.
But, still as a safer side, better serve him/her with a show cause notice about his/her poor performance giving clear instances of poor performance on his/her part, directing him/her to improve that within a specific period keeping his/her work constantly under scanner. If the employee still is unable to reform himself/herself give him a show cause notice to explain why his/her services should not be terminated on account of his/her poor performance. On receipt consider his/her explanation thoughtfully. If reasons are not valid, you may go ahead with termination of his/her services. That would be quite legal, as you have already given him/her adequate opportunity to mend himself/herself.

28th May 2010 From India, Delhi
Dear Anuradha,

"Poor performance" of an employee needs to be explained and established beyond doubt before termination to keep the trust of other employees in the organisation about its Management otherwise this can send wrong signal. In my opinion you must adopt the following steps:

1. Kindly take a report from his immediate reporting officer forwarded by the HOD explaining about his performance deficiencies along with the set stds.

2. Based on this report issue him a warning letter stating clearly what he needs to improve and fix up a time frame to show the improvement. After completion of 50% of the time given, HR should call for a review of his performance from his immediate reporting officer and appraise the employee about the development in presence of the reporting officer and record the same in his personal file with his & his reporting officers signature as a token of acceptance of the facts.

3. After the expiry of the time call for review as listed above inform the out come of the review to employee in writing after counseling as a last attempt to reform his attitudes towards his work.

4. Follow all steps listed in sl.2 and after the end of this session, the employee himself will submit his resignation before your termination. I have 3-4 occasion to remember. But all the above listed should be done with a proper conviction to reform a person and he should realise all possible was done for his improvement and he is not fit for the position.

5. All following all the above, if an employee still prefer to take to any legal forum, all the above documents created will be sufficient to justify "natural justice".

Any more clarification please contact me at 09337837778 or
28th May 2010 From India, Bhubaneswar
Dear Anuradha ,
Its very easy tough to terminate employee than hire ! As you & your company hired him / her on basis of his/her skill / competenacy. So has all that creteria for meeting KRA / KPI. Also you have to have strong PMS review mechanism as this condition should not come if you have enough strong PMS review. ( Feeback /Training / Evaulation / OJT / Orientation ) As all these practices if you are ensuring in company & even if person not performing at all . Then you can thing of issueing warning letter & not termination.
So check any negative feedback from Superior w/o any backup also many time ego clashes so be careful ! Always treat your self as third party for taking such decision & dont take decision on basis of SR /HOD feeback or comments. Have DDDM concept ( Six sigma ) DATA DRIVEN DECISION MAKING which is very very important !!!
Suhas H

28th May 2010 From India, Pune

Thanks for posting this question on the site.

This has given me utmost information for what i'v been waiting for after one strange incident that happened in my present company.

But yes, As per the information Stated above by Mr.Kamesh, This will very much send wrong signals to the other employees.This is what is happening in my company now after which the employees are terminated here every now and then without notifications and well structured reasons.

The end-result now is that all most all the employess in the organization are looking for a career change rather waiting to get out of this job here,also helping each other in finding jobs

So Please ensure that the employee is very well understood as to y he's taken out of the job and let the part of information b transparent to other employees a well which would inturn help them to perform better n take neccessary steps.

This will also help people like us who are looking and aiming at stability in the company ,a live and let work kind of environment.
28th May 2010 From India, Bangalore
Suggesation given by Praveen kumar is very good professional and practical which must be followed in every organisation.
I thing these process or similiar other processes must be folllowed to change the performance of the poor performer and it should be proved to the poor performer that he/she is not suitable for the position so that wrong message should not go to other employees.

28th May 2010 From India, Mumbai
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