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

From India, Pune
Legal Analyst, Hrm
Praveen Kumar Kambhampati
Director Operations
Employee Comp & Ben
Learning & Development And Organisation
Deepesh Khandelwal
Finance & Accounts / Audit.
Industrial Relations, Admn, Csr
+3 Others


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.

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.
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.

From India, Delhi
deepesh khandelwal

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.
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
From India, Pune
Praveen Kumar Kambhampati


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.

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

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.

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.
It’s all before doing any adverse try to be fair with employee.

From India, New Delhi

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