Dear All,
One of our employee has been asked to leave the company due to non satisfactory performance. The company doesn't want the employee to suffer and told we will help in all possible ways.
Now, the employee is requesting for a letter from the company which states that due to closure of a particular project he is not required and the company is hereby giving him 40-45 days notice. the employee will given resignation letter once the company issues such a letter.
Please help with the following;
- Can the company give such a letter?
- If yes, can someone send me a draft of such letter
Thanks,
Mansi
From India, Ahmadabad
One of our employee has been asked to leave the company due to non satisfactory performance. The company doesn't want the employee to suffer and told we will help in all possible ways.
Now, the employee is requesting for a letter from the company which states that due to closure of a particular project he is not required and the company is hereby giving him 40-45 days notice. the employee will given resignation letter once the company issues such a letter.
Please help with the following;
- Can the company give such a letter?
- If yes, can someone send me a draft of such letter
Thanks,
Mansi
From India, Ahmadabad
Non performance can be a genuine reasons for termination of employment. But before doing so, you should have given him chances to improve. That should have been properly documented. If your communications with the employee have been verbal, it may create problems in future. Therefore, I advise that you should not terminate him at present but issue a letter stating that his performance is not upto the expectation and he should improve himself within a period of 30 days. You should also say that his performance will be reviewed after 30 days and if not found satisfactory, the management would be constrained to terminate his service. Again after 30 days, you should do the appraisal and if he has not improved give him another letter asking him to show the expected performance within two weeks. After two weeks you can give him a letter quoting the letters already given and saying that his services remain terminated due to non performance. Normally, before such letter he will resign and go!
Now, if you give him a letter stating that he is terminated due to completion of the project, he may take it as a tool against you. If the project is not completed or if any project hardly exists the question of termination of service due to completion of work for which he is appointed does not arise. Besides, that kind of termination is called retrenchment. Certainly, if he is on Fixed Term Contract for a particular project with a clause that his services would be terminated automatically on completion of the project, then without following the provisions relating to retrenchment in the Industrial Disputes Act we can terminate his service. But if actually if there is no project or if his appointment is not on FTC and if the project is still incomplete termination would not be justified.
You can also do one thing. You can advise the employee of consequences of a termination letter form the company saying that with that his career would get stand still because no body would give him a job. Otherwise, if he is submitting a resignation letter and is relieved he will get a clear service certificate which will add value to his career. Speak like that and convince him to submit resignation. If he is adamant that "he should be terminated' then issue him a warning letter for non performance and follow the principle of natural justice.
Regards,
Madhu.T.K
From India, Kannur
4193Now, if you give him a letter stating that he is terminated due to completion of the project, he may take it as a tool against you. If the project is not completed or if any project hardly exists the question of termination of service due to completion of work for which he is appointed does not arise. Besides, that kind of termination is called retrenchment. Certainly, if he is on Fixed Term Contract for a particular project with a clause that his services would be terminated automatically on completion of the project, then without following the provisions relating to retrenchment in the Industrial Disputes Act we can terminate his service. But if actually if there is no project or if his appointment is not on FTC and if the project is still incomplete termination would not be justified.
You can also do one thing. You can advise the employee of consequences of a termination letter form the company saying that with that his career would get stand still because no body would give him a job. Otherwise, if he is submitting a resignation letter and is relieved he will get a clear service certificate which will add value to his career. Speak like that and convince him to submit resignation. If he is adamant that "he should be terminated' then issue him a warning letter for non performance and follow the principle of natural justice.
Regards,
Madhu.T.K
From India, Kannur
Hi Madhu,
Thanks a lot for your revert. I am alreadyaware about the process you have mentioned. Unfortunately, there has been no written documentation for non performance. He has already been given a lot of verbal feedback till now and there was a discussion between him and the MD around Jan and the MD asked him to look for a job & has given him time till 28th Feb. since the decision has been taken by the MD, I can't do much.
The employee wants such letter so that it gets easier for him to get a new job. If he gives a resignation letter than according to him, he would find it difficult to get a new job espeically since the reason here is non performance. I would also not want him to be jobless or be in a problem since he is of good nature.
The employee has joined on 1st May 2010 and is not yet given any sort of confirmation letter.
Would it be ok if I give him a letter as per his request and take a no pending due letter from him along with a resignation letter?
Thanks,
Mansi
From India, Ahmadabad
Thanks a lot for your revert. I am alreadyaware about the process you have mentioned. Unfortunately, there has been no written documentation for non performance. He has already been given a lot of verbal feedback till now and there was a discussion between him and the MD around Jan and the MD asked him to look for a job & has given him time till 28th Feb. since the decision has been taken by the MD, I can't do much.
The employee wants such letter so that it gets easier for him to get a new job. If he gives a resignation letter than according to him, he would find it difficult to get a new job espeically since the reason here is non performance. I would also not want him to be jobless or be in a problem since he is of good nature.
The employee has joined on 1st May 2010 and is not yet given any sort of confirmation letter.
Would it be ok if I give him a letter as per his request and take a no pending due letter from him along with a resignation letter?
Thanks,
Mansi
From India, Ahmadabad
A simple process followed is to ask him to Resign on his own..thus you can simply provide him a Reliving letter.....When a Reference check is made you can either tell the truth or say his skills did not match the role he was in.
Why are we appologitic for a Non Performer....when we hire we do give them ample time to prove themselves.....and if you want to be goody goody.....give him a letter stating that you could not match his skills and expectations.....
Thats your choice....
Regards,
Shridhar
From India, Mumbai
Why are we appologitic for a Non Performer....when we hire we do give them ample time to prove themselves.....and if you want to be goody goody.....give him a letter stating that you could not match his skills and expectations.....
Thats your choice....
Regards,
Shridhar
From India, Mumbai
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