Psdhingra
Legal Analyst, Hrm
Rajanassociates
Legal Counsel
Krishan Kapoor
General Manager Hr
Smbhappy
Finance, Hr, Sectarial Practices, Law And
Jai1736
Labour Laws, H R Management
Jyoti_jain004
Human Resources
+1 Other

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Please help me how to fire a non performing employee as per Management decision.
Hi,
Before you go to this extremem step try and talk to the employee, may be he has some issues or is facing difficulties in performing.. You can ask him to resign instead of you terminating him. That a better solution for both of you.
For terminating first you need to define his non performance and send him a warning mail.. You also need to give him a time frame to improve and inform that if he/she doesn't improve performance in the given time, the Company might take action.
After the said period expires you can terminate the employee giving appropriate notice as per Company standing instructions.
Do maintain complete and proper documents about the same. The warning mail can be sent to the employee to his personal id as well just in case. You need to issue termination letter and get the employee to sign it in front of witness.
Regards,
Jyoti

Dear
It is better not to fire for non performance as any letter of termination on the ground of non performance is a black spot in the candidates career.Better to discuss it with the person involved and request for resignation.
With Regards
E-mail : rajanassociates@eth,net,
Mobile : 9025792684.

Hi Pdesona,
Firing is not the real remedy for a non-performer. It is the worst remedy. Firing makes a worker non-adaptable more rigid and stubborn and the management itself becomes responsible for ultimate spoiling of the employee.
Mentoring a non-performer is the best remedy to extract work from him by making him realize the pros & cons and individual loss he can sustain, as a result of his non-performance.
I have always been of the opinion that until the employee is able to see the unused rod in the hands of his superiors, he would be afraid of that. Once you use that rod of firing, he becomes fearless and ready to bear with even stronger actions. This had been my own practiced and winning formulas during my whole of the active service of about 40 years.
Firing should be used only as a last resort, when all other methods have already failed.
PS Dhingra


Hi
My suggestion would be to reposition the person in the company according to his capability with a 3 months notice.. i have done it.. and its amazing how people evolve suddenly...
another thing you can try is have heart to heart discussion on your expectations ( don't get into blame game .. show respect ).. and then agree that you wl help the person look for a job.. together you help him to continue his career, rather than cut yourself off the person..
so treat others the way you would like to be treated...you never know, what tomorrow holds.. it maybe that this person reappears in your life, and this time around you may need him ??

How to Fire an Employee
Legal, Ethical Employment Termination

Assuming that you have taken steps to help an employee improve his work performance - and they are not working - it may be time to fire the employee. Use the legal, ethical steps to fire an employee.

Ensure that the company's actions, as you prepare to fire an employee, are above reproach. How you fire an employee sends a powerful message to your remaining staff - either positive or negative. So, always fire an employee as a last resort.

But, do not jeopardize your company success to retain a non-performing employee. Fire an employee to ensure the success of your other employees and your business.

Provide Feedback so the Employee Knows He Is Failing
The steps you take when you prepare to fire an employee matter. Unless the actions of the employee require immediate dismissal from the premises, progressively more intense feedback to the employee about his work performance is in order. Make sure you are communicating with the employee by obtaining feedback from the employee that you are communicating effectively. Keep in mind that the goal of the feedback is to help the employee succeed and improve. Document the content of the feedback meetings, and the date and times.
• Provide Feedback That Has an Impact
Make your feedback have the impact it deserves by the manner and approach you use to deliver feedback. Your feedback can make a difference to people if you can avoid a defensive response.

• Provide Coaching for Improved Performance
Looking for a step-by-step coaching approach you can use to help an employee improve his work performance? This approach avoids the need for discipline and produces great results.

• Hold a Critical Conversation
Chances are good that one day you will need to hold a difficult conversation. These steps will help you hold difficult conversations when people need professional feedback.

• Impart Performance Development Planning Process
If your normal process is not assisting the employee to succeed at work, and you believe there is hope that the employee can and will improve his performance, you will need to introduce a Performance Improvement Plan.

• Performance Improvement Plan.
The Performance Improvement Plan (PIP) is designed to facilitate constructive discussion between a staff member and his or her supervisor and to clarify the work performance to be improved. It is implemented, at the discretion of the supervisor, when it becomes necessary to help a staff member improve his or her performance.

This format enables you to set goals, establish measures, conduct review sessions and chart progress. No specific amount of time is required for an employee to follow a performance improvement plan. In fact, if no progress is made, you can terminate an individual’s employment after several weeks.

Steps to Termination
• If you believe that the employee is unwilling or unable to improve his performance, you will want to start progressive disciplinary action. Again, documentation is critical so you have a record of the steps you took in the process. Use this Progressive Discipline Warning Form to document each step.

• Following the steps in progressive discipline should be consistent for each employee you fire unless an event out-of-the-ordinary occurs. You may also provide the employee with any number of options, starting with the performance improvement plan step.

Ask the employee if he wants to voluntarily quit rather than participate in disciplinary action. You can agree on a timeline by when the employee will have given notice.

• You can agree that, for whatever reason, the employee is incapable of doing the job, provide a couple of weeks of severance pay, and say good-bye.

Talk with an attorney to understand all of your options. In cases where you provide any severance pay, as an example, you will want to ask the departing employee to sign a release

Hold the Employment Termination Meeting
Eventually you will want to schedule and hold the employment termination meeting. I would not give an employee more than a few minutes notice before the meeting. You will cause the employee unnecessary worry and upset. In most cases, however, this moment is expected.

Complete the steps in the Employment Ending Checklist. Some steps, you will want to have completed before the termination meeting. Consider the termination meeting to be the employee’s exit interview.

Most Important Lesson Learned in Firing an Employee
Most people wait too long to fire an employee. If an employee is misbehaving publicly, disciplinary action should start after one event. If an employee is consistently missing due dates, and you’ve determined the issue is not training or another identifiable factor, gather documentation, and fire the employee.
If you’ve introduced a company mission and vision for your workplace and managers fail to support their implementation, fire the managers. If you are developing a culture that empowers and enables employees and a manager is persistently autocratic, fire the manager. People don’t change all that much; although I have witnessed transformations, I usually witness months of heartbreak and wasted effort.

Sometimes, firing an employee was the best thing that ever happened to them because it caused the employee to move on to better pastures. In most recent feedback from a former employee who had been on a five day suspension, she thanked me. She had moved on, gotten her real estate license, and was looking forward to a great life.

Behave legally, ethically, with kindness, civility, and compassion, but do fire employees who ought to be fired.
--------------------------------------------------------------------------------
Please Note: Every effort should be to offer you common-sense, ethical management advice, and this is not to be construed as legal advice. Employment laws and regulations vary from state to state and country to country. When in doubt, always seek legal counsel. The success of your business and your other employees depends upon it.

Dear
There bare two aspects of firing .The HR aspect which has been listed by Mr Surendra Bhanot.The other is the legal aspect .It should stand test the provisions of the ID Act or Shops and Establishments Act.Ensure compliance of the legal provisions too or you might face litigation where the HR elements have no place and what is tested is "whether the termination is as per law".
With Regards
E-mail : rajanassociates@eth,net,
Mobile : 9025792684.

Hi
Terminating an employee for non- performance is absolutely o.k. Non performance on the job is negation of the job contract itself and tolerating a non performing employee vitiates the performance culture/ climate of the entire organisation.
However the process in such cases should be transparent and data based. First non performance should be discussed with the employee and he should be put on some performance improvement plan with periodical improvement reviews by his manager and HR. If the non performance is due to some knowledge-skill gap then the employee should be given appropriate training. However if all these measures fail to bring about any improvement in the next performance review cycle , then the employee should be asked to leave. Choice of resigning should be given first. If the employee doesn't avail this then his services may be done away according to his terms of appointment. The entire process should be humane and conform to law.
Jai

What is the remedy if an employess (who needs to be terminated) resigns (after councelling) gets the notice pay and still approach the court, legal action through advocate.
Dear
This is called as forced resignation meaning that it amounts to termination.In all such cases it is legally fought .
The burden of proof is on the employee to prove is assertion.
. With Regards
Advocates & Notaries & Legal Consultants for Staffing & Recruiting Industry
E-mail : rajanassociates@eth,net,
Mobile : 9025792684-9025792634


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