Dear Senior's
I am working for a real estate company as HR Manager, we do have the company policy in the firm but my MD has ask me to make some changes which can make the termination policy more effective. As I have listed the Basic points in the policy . Guide me with the effective points which can help me to prepare the Termination Policy for my company.
Regards,
Shubha
From India, Patna
55I am working for a real estate company as HR Manager, we do have the company policy in the firm but my MD has ask me to make some changes which can make the termination policy more effective. As I have listed the Basic points in the policy . Guide me with the effective points which can help me to prepare the Termination Policy for my company.
Regards,
Shubha
From India, Patna
Hi Shuba,
Termination policy depends on employee code conduct and we may called employee separation policy. The policy is very simple and content of the same is very few lines and as follows,
1. The mgt is not satisfy the with employee performance will terminate you with out giving prior notice in probation period,
2. the mgt will give 01month notice period while terminating an employee,
You need to make an policy for above 2 points that is code of conduct.
before terminate an employee you need to give at least 03 oral warnings and 03 written warnings.
From India, Hyderabad
Termination policy depends on employee code conduct and we may called employee separation policy. The policy is very simple and content of the same is very few lines and as follows,
1. The mgt is not satisfy the with employee performance will terminate you with out giving prior notice in probation period,
2. the mgt will give 01month notice period while terminating an employee,
You need to make an policy for above 2 points that is code of conduct.
before terminate an employee you need to give at least 03 oral warnings and 03 written warnings.
From India, Hyderabad
Dear Senior’s Thank you so for the early reply, which you both have made. I will work on the points as you both have suggested.. And definitely let you know the status . Regards, Shubha
From India, Patna
From India, Patna
Dear Shubha,
I suggest you buy draft standing orders which are available in any book firm. These will help you to identify misconducts on basis of which you can proceed with disciplinary action.
Regards,
Murali
From India, Chennai
I suggest you buy draft standing orders which are available in any book firm. These will help you to identify misconducts on basis of which you can proceed with disciplinary action.
Regards,
Murali
From India, Chennai
Dear Friend,
No company requires any termination policy, termination depends upon the terms and conditions set and mentioned clearly in the appointment letter and there is one more thing which is called standing instructions and you can draft the standing instructions but be careful all these must be as per Natural Justice. No company can make such policy which is against the natural Rights of any employee. Nothing drafted or even accepted by employee at the time of joining but contrary to any land law is enforceable.
This termination policy which your MD is trying to drafts, sounds something contrary to the principles of Natural Justice. Till day India does not approve Hire & Fire policies officially.
Moreover I feel no genuine Company requires a Policy as you wish to enact although every Company can draft a Disciplinary action policy and there you can mention the various actions and punishments for those actions and omissions. But don't forget every thing drafted must be under provisions of Labour Laws and you can't terminate any employee for anything unless given him a chance to explain or justify his action / omissions.
God bless you and your Company.
From India, Delhi
No company requires any termination policy, termination depends upon the terms and conditions set and mentioned clearly in the appointment letter and there is one more thing which is called standing instructions and you can draft the standing instructions but be careful all these must be as per Natural Justice. No company can make such policy which is against the natural Rights of any employee. Nothing drafted or even accepted by employee at the time of joining but contrary to any land law is enforceable.
This termination policy which your MD is trying to drafts, sounds something contrary to the principles of Natural Justice. Till day India does not approve Hire & Fire policies officially.
Moreover I feel no genuine Company requires a Policy as you wish to enact although every Company can draft a Disciplinary action policy and there you can mention the various actions and punishments for those actions and omissions. But don't forget every thing drafted must be under provisions of Labour Laws and you can't terminate any employee for anything unless given him a chance to explain or justify his action / omissions.
God bless you and your Company.
From India, Delhi
Hi Lakshmi,
I made a separation policy which was on following guidelines:
1. Termination:
Here the employer can terminate an employee depending on his/her performance. So if the performance is not upto mark, we can sanction a warning period and if not improved, we can terminate. (Similar to how it works in probation period)
On such occassion, termination would be with 1 month's notice period or salary in lieu of it.
However if termination is based on gross misconduct, it would be immediate with dues cleared but no notice period/pay against it would be given.
2. Resignation:
Here an employee can put down his papers and give 1 month's notice or salary in lieu of it and resign.
3. Retirement:
On attainment of 60 years, an employee would retire with all the dues cleared.
From India, Mumbai
I made a separation policy which was on following guidelines:
1. Termination:
Here the employer can terminate an employee depending on his/her performance. So if the performance is not upto mark, we can sanction a warning period and if not improved, we can terminate. (Similar to how it works in probation period)
On such occassion, termination would be with 1 month's notice period or salary in lieu of it.
However if termination is based on gross misconduct, it would be immediate with dues cleared but no notice period/pay against it would be given.
2. Resignation:
Here an employee can put down his papers and give 1 month's notice or salary in lieu of it and resign.
3. Retirement:
On attainment of 60 years, an employee would retire with all the dues cleared.
From India, Mumbai
Hi Shubha,
Termination- I suggest you,you need to review company standing order first,its the weapon of employer
then you should draft the Termination & Resignation policy,every policy should be there Labor/hr policy,H.S.E policy, its mendatory,without any SOP,employer can't maintain better environment & also you may add the misconduct clause in appointment letter,misconduct procedure should be 1.Verbal warnning.2.Minor demerit (writing) 3.Major demerit (writting) 4.suspention 5.termination, and need to mention clearly if found any assaulting & fighting in company premises,company will take action as suspention/termination.
also you mention continously absent for 8 days without any information but first company need to cross check or inform to them,whats the problem.
Resignation- notice period clause should mention in policy.
Best rgds
Ashish saini
From India, Gurgaon
Termination- I suggest you,you need to review company standing order first,its the weapon of employer
then you should draft the Termination & Resignation policy,every policy should be there Labor/hr policy,H.S.E policy, its mendatory,without any SOP,employer can't maintain better environment & also you may add the misconduct clause in appointment letter,misconduct procedure should be 1.Verbal warnning.2.Minor demerit (writing) 3.Major demerit (writting) 4.suspention 5.termination, and need to mention clearly if found any assaulting & fighting in company premises,company will take action as suspention/termination.
also you mention continously absent for 8 days without any information but first company need to cross check or inform to them,whats the problem.
Resignation- notice period clause should mention in policy.
Best rgds
Ashish saini
From India, Gurgaon
Dear All,
The temination of Service of an Employee depend upon their's misconduct, Employee's has to be given 03 verbal warning and thereafter 03 show causes and its response, if situation does not improve then Employee can be terminated with notice period/ pay (If confirmed in service), this procedure shall be followed, if they fall under the definition of Workmen as per Industrial Dispute Act,
Under probation, any Employee can be terminated at any given time without any notice.
if they are not falling under definition of Workmen then suitably warning/ showcasue shall be given for their misconduct following nature justice and can be seperated giving notice period/pay.
Regards,
Dhanesh S.
From India, Mumbai
The temination of Service of an Employee depend upon their's misconduct, Employee's has to be given 03 verbal warning and thereafter 03 show causes and its response, if situation does not improve then Employee can be terminated with notice period/ pay (If confirmed in service), this procedure shall be followed, if they fall under the definition of Workmen as per Industrial Dispute Act,
Under probation, any Employee can be terminated at any given time without any notice.
if they are not falling under definition of Workmen then suitably warning/ showcasue shall be given for their misconduct following nature justice and can be seperated giving notice period/pay.
Regards,
Dhanesh S.
From India, Mumbai
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Termination Policy _Appointment Letter.jpg
Termination Policy.docx