Hi All,
I need advice from legar aspect.We have issued a termination letter to an emplyee yesterady to be relieved after 1 month notice period from our end.However due to some strange behaviors of person mgmnt feels that we should relieve him with immediate effect.
Pls advice if we relieve him tomorrow itself will it create any legal issue.We will terminate him with 1 month salary.
Need urgent reply.
From India, New Delhi
2I need advice from legar aspect.We have issued a termination letter to an emplyee yesterady to be relieved after 1 month notice period from our end.However due to some strange behaviors of person mgmnt feels that we should relieve him with immediate effect.
Pls advice if we relieve him tomorrow itself will it create any legal issue.We will terminate him with 1 month salary.
Need urgent reply.
From India, New Delhi
Dear Friend
First of all no body will give one month notice for termination. Termination is for immediate effect only.
Please go through his Appointment order. Or Standing order/ Service rules if available. If the clause is available u need not worry. Give one month salary and settle this issue.
Alphonse
9443625359
From India, Madras
First of all no body will give one month notice for termination. Termination is for immediate effect only.
Please go through his Appointment order. Or Standing order/ Service rules if available. If the clause is available u need not worry. Give one month salary and settle this issue.
Alphonse
9443625359
From India, Madras
Dear Pritha,
Kindly go thru the terms of Appointment Letter related to Termination and simply follow them. If you fulfill all terms of appointment letter then there will be no legal impact on you.
Regards,
Kapil Dev Singh
Siemens Ltd.
+91-9718989007
From India, New Delhi
Kindly go thru the terms of Appointment Letter related to Termination and simply follow them. If you fulfill all terms of appointment letter then there will be no legal impact on you.
Regards,
Kapil Dev Singh
Siemens Ltd.
+91-9718989007
From India, New Delhi
Dear All,
Thanks for your quick reply.
Actually the reason of my worry was that yesterday only we issued a letter stating .........
Date: 17th June, 2010
Dear Mr.Pawan,
It has been observed that your performance has not been up to the required standard. You were given sufficient time to attain the standards required to perform your job. However, you have not shown any improvement in your performance.
Hence, the management has decided to relieve you from company services w.e.f 16th July, 2010.
You are required to contact HR department for further formalities.
And now just after 2 days that is tomorrow if we terminate him will it be okk from legal aspect.
His appointment letter clearly says that we can terminate his services with out assigning any reason by giving him 1 month notice or the salary in lieu off.
From India, New Delhi
Thanks for your quick reply.
Actually the reason of my worry was that yesterday only we issued a letter stating .........
Date: 17th June, 2010
Dear Mr.Pawan,
It has been observed that your performance has not been up to the required standard. You were given sufficient time to attain the standards required to perform your job. However, you have not shown any improvement in your performance.
Hence, the management has decided to relieve you from company services w.e.f 16th July, 2010.
You are required to contact HR department for further formalities.
And now just after 2 days that is tomorrow if we terminate him will it be okk from legal aspect.
His appointment letter clearly says that we can terminate his services with out assigning any reason by giving him 1 month notice or the salary in lieu off.
From India, New Delhi
Dear Pritha,
It is clear from your ur letter that you are giving him 1 month notice period
There is nothing illegal as it may be considered as termination letter cum notice period intimation as per appointment letter.
Regards,
Kapil Dev Singh
+91-9718989007
From India, New Delhi
It is clear from your ur letter that you are giving him 1 month notice period
There is nothing illegal as it may be considered as termination letter cum notice period intimation as per appointment letter.
Regards,
Kapil Dev Singh
+91-9718989007
From India, New Delhi
Hi ,
I think what I want to clarify is not clear..
What I am trying to say is that I have issued a letter on 17th June 2010 saying that I am giving you 1 month notice.
Now on 19th Jun 2010 I want to terminate him on the same day by giving him salary for 1 month notice period.
So the question comes is that employee may say when you have given me notice period y u want to terminate me before completing that notice period.....y decision changed with in 2 days............this is my query.
From India, New Delhi
I think what I want to clarify is not clear..
What I am trying to say is that I have issued a letter on 17th June 2010 saying that I am giving you 1 month notice.
Now on 19th Jun 2010 I want to terminate him on the same day by giving him salary for 1 month notice period.
So the question comes is that employee may say when you have given me notice period y u want to terminate me before completing that notice period.....y decision changed with in 2 days............this is my query.
From India, New Delhi
Dear Prita
First, If one letter has been issued which is signed by the authorised signatory of the company, you will have to comply to that
Second , if for any reason whatsoever, the conditions has to change, you will have to speak to the employee first and take him in confidence and try to take a resignation from him and not issue another letter , give him one month salary and try to help him get another job by speaking to the consultants the company works with , this will ease out the stress between both the parties and resolve the issue amicably
thanks
From India, Delhi
First, If one letter has been issued which is signed by the authorised signatory of the company, you will have to comply to that
Second , if for any reason whatsoever, the conditions has to change, you will have to speak to the employee first and take him in confidence and try to take a resignation from him and not issue another letter , give him one month salary and try to help him get another job by speaking to the consultants the company works with , this will ease out the stress between both the parties and resolve the issue amicably
thanks
From India, Delhi
Hi Nishta,
thanks for reply.
I think if we are going to pay full salary to emplyee till the promised notice period date then it should not be issue for him.As he can use this time for searching another job..........
Another thing is that even if we take his notice period salary into account he is still suppose to pay us around 5-6 k as he had some load pending to be recovered...............He says he can not pay as he has no money........he will pay later point of time once he is in new job....
During the hwole notice period he will be simply sitting & spoiling the environment of company spreading negativity.................so we are thinking better to relieve him ...............
From India, New Delhi
thanks for reply.
I think if we are going to pay full salary to emplyee till the promised notice period date then it should not be issue for him.As he can use this time for searching another job..........
Another thing is that even if we take his notice period salary into account he is still suppose to pay us around 5-6 k as he had some load pending to be recovered...............He says he can not pay as he has no money........he will pay later point of time once he is in new job....
During the hwole notice period he will be simply sitting & spoiling the environment of company spreading negativity.................so we are thinking better to relieve him ...............
From India, New Delhi
Dear Pritha,
Pls. don't use termination words. Termination equalent to Court Marshall in Army, Same is issued to those employee with immediate effect ,who have misbehave with Sr. authority, broke the company rule, which comes company code and conduct, Continue absent without information after makeing your follow up to join the company, scam with company asset, Involvment in theft case or murder, etc. in such case you can terminate to any employees immediately.
On performance base u can't terminate employment of any one. First of all check his date of Joining If he is confirm employee than go throgh his terms and condition of his employment, gave him writen communication regading his Performance, You have to gave maximum one chance to improve his performance, If he/she unable to gave performance upto mark,... discussed with him, softly. & ageered to him gave resignation subject to payment of notice pay from ur side. If you have gave him warning letter related to his performance for one month than u can't releive him with gaving notice pay to him.
You can ask to him leave after on emonth as per your letter comunication.
For more clarification you may call me.
Vishwash Thakur
9872487112
From India, Mumbai
Pls. don't use termination words. Termination equalent to Court Marshall in Army, Same is issued to those employee with immediate effect ,who have misbehave with Sr. authority, broke the company rule, which comes company code and conduct, Continue absent without information after makeing your follow up to join the company, scam with company asset, Involvment in theft case or murder, etc. in such case you can terminate to any employees immediately.
On performance base u can't terminate employment of any one. First of all check his date of Joining If he is confirm employee than go throgh his terms and condition of his employment, gave him writen communication regading his Performance, You have to gave maximum one chance to improve his performance, If he/she unable to gave performance upto mark,... discussed with him, softly. & ageered to him gave resignation subject to payment of notice pay from ur side. If you have gave him warning letter related to his performance for one month than u can't releive him with gaving notice pay to him.
You can ask to him leave after on emonth as per your letter comunication.
For more clarification you may call me.
Vishwash Thakur
9872487112
From India, Mumbai
Hi,
Thanks for your reply.Yes I agree I should not use Termination word......
And even in his letters we will not use termination word we will simply say relieve.
Actually we tried our level best to improve on his performance for last 1 yr however no improvement.Then we gave him the option to give his resignation and take 2-3 times notice period so that he can get his job in between.
However he denied it completely saying I will not resign if you want you give letter y should I give it .That is y we released a letter from our end .One month notice was on verbal basis and now 1 month in writing as per notice clause.........
From India, New Delhi
Thanks for your reply.Yes I agree I should not use Termination word......
And even in his letters we will not use termination word we will simply say relieve.
Actually we tried our level best to improve on his performance for last 1 yr however no improvement.Then we gave him the option to give his resignation and take 2-3 times notice period so that he can get his job in between.
However he denied it completely saying I will not resign if you want you give letter y should I give it .That is y we released a letter from our end .One month notice was on verbal basis and now 1 month in writing as per notice clause.........
From India, New Delhi
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