Labour Law & Hr Consultant
15th January 2014 From India, Ahmadabad
I, second, Saji would request you to share more details about it
And I feel you need to know more about Termination and its procedure which can help you in getting the answer of your own question.
Second, if you want to discuss about "Separation" so I would like to say that there are many things which come under "Separation" including Termination, Retrenchment, Absconding and Resignations but with TERMINATION only , there are a procedure where employer has to take direct and immediate action against the employee based on a specific or defined terms and conditions of employment when employee found guilty or I would say "because of some wrongful actions of employee, forced employer to adopt this procedure" means the employee been "discharged", "dismissed", "fired" or "permanently laid off"
The employee who's gonna terminate based on valid reasons and after completing procedure and formalities deserves the action and set an example for other employee too, so I dont think professionally we need to think or care about the effects of termination to other employees or about the employee who found guilty in that case.
-RETRENCHMENTS/LAYOFF which hurts employees is an unavoidable/ unwanted situation and neither employee nor employer wants this actually.
-RESIGNATION where employee leave company/organisation with a mutual agreement by following terms and conditions of employment
-and because of ABSCONDING where an employee leaves his job without resigning and informing employer which hurts employer as its increase the attrition (Attrition refers to the loss of employees) comes separation including termination as stated above.
15th January 2014 From India, Gurgaon
Your question appears to me a little bit paradoxical though it has been couched in nice words.In the realm of employment, the term 'termination' denoting "loss of employment" has a specific connotation ie., "loss of relationship".So, pain is always inseparable from separation for some one is going to hurt - may be the employee affected or the employer at times when it is at the instance of the employee when his services are indispensable to the organization or even the co-employees instilling a sense of fear in them because of the ways the exit was shown - it depends.In any type of termination which was elaborately dealt with by Anil subscribing to the professional approach recommended by Saji, 'the hurt factor' or 'the sentimental blip' automatically recedes into insignificance. In such a situation, what is more important is whether it is fair after ascertaining its inevitability.
16th January 2014 From India, Salem
Have you planned the transition of your employees to their next job ? You may have to let employees go depending on business cycle or other reason, yet your decisions should n't affect their career .
If you look for , there are companies who offer Professionals Transition Management Services . You can consider hiring one.
Alternatively you can set one within your firm . Please identify seniors who are experts in counselling and are connected with the industry .
You may not find the exact role for the employees in transition , but even a continuity in their employment somewhere else would help.
Try and find them a job and then release them from your firm.
Please do consider giving them a virtual designation to stay put during the job hunt. Finding a job without an existing one is next to impossible .
Please offer them positive feedback on growth and development . You might have found areas where they can succeed .
Hope this help . Please share more about your options, so that we can guide you for the Transition Management , if you need it.
Thankyou once again!
16th January 2014 From India, Mumbai
1) By calling the employee for a meeting in which the employee may be informed about the unwillingness of the management to continue his services and the reasons therefor but would like to give the the employee the option of resigning from the services though the employer has the option to terminate hi service which he does not want to exercise keeping in view his carer ahead.
2) If the reasons for termination are plain but not stigmatic such as that the employee, has a good conduct but is low on performance which is unintentional etc, the employer may also guide him with placement else where that may suit his level of ability.
3) He can be given a service certificate and relieving letter without making any remark that damages his career.
I restrain myself from suggesting to issue a simple termination order or discharge order that does not cast any stigma on his conduct since even an order of termination simpliciter or discharge simpliciter shall reveal grounds for termination. which may hurt him or his career though not cast a stigma.and also because it is always fraught with the risk of being dubbed as retrenchment or punitive, if the employee is a workman, more so if he is on the permanent rolls but not under probation,
17th January 2014 From India, Mumbai
When it comes to "Termination", it is always painful if done by the employer without the consent of employee. Rightly suggested by learned follower, the HR head should call the employee who is likely to be terminated and have a consultation session, try to convince him that termination is the inevitable fate but the separation will not be punitive. The employee may be asked to tender resignation or he may be terminated giving reasons which are not attributed to the employee concerned. In addition, a relieving letter for his rendered services be given to the employee which will help him prove him innocent and gain him employment elsewhere. Terminal dues may be settled immediately, which will reduce his pain of separation. It will be quite troublesome and painful for him/her to come time and again to get dues settled after termination.
18th January 2014 From India, Jabalpur
21st January 2014 From India, Hyderabad
21st January 2014 From India, Mumbai