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anujkumarbaliyan@gmail.com
Hi All,
I need your suggestion,
i am working into a GPS base company, where from the last 3-4 months one sales employee is not performing at all.
His reporting manager already have given him one month notice period through email.
But he is not responding(Employee) on that mail.
Should i speed post him any hard copy related to same if yes then what will be the format?.
and into such type of situation what should be the hr role..related to some documentation part.
waiting for the response..
Regards,
Anuj Baliyan

From India, Delhi
Cite Contribution
1858

Yes please, send him a registered letter and then offer him time to revert. You might find many templates for Termination letter , here in our community. Please include the clauses for performance that you have found .
Do mention the complete process for relieving , so that the employee may collect the full and final settlement along with the relieving documents.
A request, please do not mention 'termination' anywhere in his relieving documents. Putting the blame of non-performance on an employee might back-fire you as an employer. Moreover, that employee might find a better career somewhere else.
Thankyou !

From India, Mumbai
abedeen7
135

Hello Anuj,
The reply by Ms.(Cite Contribution) is appropriate and perfect. The entire role is played by the HR department. Try to make the process hassle free. Send him the letter along with the speed post and AD. Prepare the exit process for the departing employees.
Hope this is clear for you.
Regards,
Shaikh Abedeen
Human Resources Department

From India, Bhubaneswar
Sunita Dhoundiyal
10

Dear Anuj,
This is not the way that an employee can directly be terminated.
The Manager has to first take his feedback on the same in a wriiten that why he is not performing.
Then the manager has to give a time to him to recover him.
Still the employee is not performing then employee can be issued a termination letter...
Now as the manager has already issued a termination letter on mail and employee is not responding.
Then definately the termination letter can be issued at his postal add via registered post and slip can be maintained for the record.You have to do this atleast twice if employee will not respond it all.
But do let me know first,employee is coming to the job or not.The above practice can be done if neither employee is responding nor coming to the job.
BR,
Sunita Dhoundiyal

From India, Delhi
executor
139

A. Why did his reporting authority give him the notice and not the HR? Is there a policy in your company regarding the same? What objective measures did the reporting authority use to conclude lack of performance? [it is prudent to also seek explanation from the reporting authority regarding his role in first trying the improve performance. I have seen many instances of First Line managers firing juniors to cover up their own inadequacies, and hence objectivity regarding all such decisions is required]. In case no procedures were followed, how have you ensured that the departing employee does not hold the company accountable for arbitrary and biased action? Has natural justice been denied?
B. In case all procedures have been followed, and the employee is incommunicado; you can send the said documents by Registered Post with AD or Speed Post to the address as on HR records. These can be sent twice. The document, as already advised above needs to be as detailed as possible without getting into vindictiveness. In fact, it remains prudent to be helpful towards a departing employee. A failure here can be a leader there.
Hope this helps by raising questions in the right context.

From India, Mumbai
papillon
13

Hello
Executor has rightly brought out many points. To assume that the employee was not performing is wrong without any basis. Does the company have formal performance measure? Is it a skill problem? or resource problem? or attitude problem? Did company officials do anything to improve or know the reasons.?
Simply going alongwith the sales manager is against natural justice. Thats why HR professionals are called stooges. You will come across many such cases. So follow a proper procedure although it will take time. BUt employees would have confidence. It will save you & company from future litigation.
Regards
Rajesh

From India, Mumbai
Prasad62
17

Hello:
Presumably, the so called non-performing-sales-employee and his so called boss are separated by thousands of miles and cannot communicate or locate each other except by way of one way email. Now thats very interesting for a GPS company!
If any employee has to be removed, you must follow a process to be fair and be seen ad fair. You can go over to meet and confront him at his location and so can his boss. Unless the cost does not justify the effort. In which case, there should be no post here!
If the employee has abandoned employment, you have to follow another process.
Without going into fairness and merit of removal, all I can say is those who do not execute this with surgical precision and panache often face post operation complications!
Good luck!


RAMDAS IYER
hi,
you can make it a case of "voluntary abandonment of service " under the certified/Model Standing Orders,if he is not traceable at all and remains incommunicado.
the letter must have been sent by the HR man and NOT by the sales man's functional boss.
you can now remedy the defect by sending a fresh letter yourself
regds,
Ramdas.S.Iyer
Director,
Chidambaram Shipcare Pvt Ltd
Chennai

From India, Madras
Raj Kumar Hansdah
1426

I APPRECIATE the inputs of Executor, Papillon and Prasad62.
Their opinion has been very OBJECTIVE and were not influenced by the statements of the querists.
An HR or even also called, Business HR should not get influenced and do away with his basic duties and responsibilities as well as the due process.
If the Reporting Manager can HIRE and FIRE employees at his will; what is the purpose of having an HR ??? Just to look after Leave applications of employees ??
Does the company have an APPRAISAL SYSTEM ??
Does the Company have a Policy regarding non-performers ??
Is there a way and system of managing Exits ??
If Line Managers are doing everything; there is no need of having an HR !! No wonder, in some small companies HR is required to do all miscellaneous jobs except HRM.
The questions above are put not to belittle the role of HR; but on the contrary, to strengthen HR functions by way of introspection and deliberation.
Warm regards.

From India, Delhi
sgondchar
13

Hi,
You cannot just terminate any employee only because he is not performing. There has to be some proper documentation or process to terminate an employee else employer will be in trouble in case that employee goes legal.
In my opinion if any person is not performing then he should be given some performance improvement Plan(PIP) for particular duration which has to be agreed by both employee and his head. In PIP review frequency need to be decided and review should happen on decided date. Review feedback/observation need to be shared with that person.
If his performance is still not improved then you can ask him to resign or terminate his service. As you have created valid documentation and signed by both.
All this decision need to be taken jointly by HR & Respective dept head.

From India, Pune
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