Kishorkulkarni
Law Practice
Nathrao
Insolvency N Gst Professional
Riteshmaity
Labour Law Advocate
Pasupathieswaran
Retired H R Professional
+2 Others

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Hello Seniors, one of our employee performance is not good therefore we are planing to terminate him, pls guide me can we terminate him on the ground of lower performance, Thanx & Regard
Has the employee been counselled as to reasons for shortfall in performance?
Has some additional training been given?
Have reasons for shortfall by this employee been analysed by his supervisor?
Have prior warnings been given to him and documented?
Employee can be terminated for consistent poor performance but due care has to be taken prior by training,counselling warning etc.

sir, the employee was appointed on senior designation hence not required to provide him any additional training,
Have you discussed with this person reasons for poor performance? He is in senior designation and should be aware of job requirements.
sir,
we have already discussed with the employee over his lower performance issue however his performance is not as goods as required to manage the specific responsibility inspite that not any improvement in performance' we have also ask his to resign but not ready to resign therefore the only option is termination... kindly guide can we terminate him on the ground of lower performance if yes what procedure we have to followe,

What is the quantifiable performance expected of him?
Has the performance required of him been communicated specifically?
Issue a show cause notice documenting specific failure and ask him for explanation.
Following his explanation suitable action as warranted can be taken.

sir,
is it mandatory to issue show cause notice actually this issue has been verbally discussed with him many time.. but not any improvement so far..
as he is not able to work according to our company requirement hence finally we have decided to terminate him please guide me what legal procedure should to follow to terminate him' weathet we have to issue him show cause notice first or we can directly issue him termination letter..

First, write to him and give him an opportunity to improve his performance. In spite of such instructions, if he is unable to perform below the prescribed limit, then you have to issue a charge sheet, conduct and enquiry and then terminate him. Otherwise, the whole termination will become bad in law.
Check my blog at www.labourlawhub.com

sir,
opportunity has already been given to improve his performance inspite that not any improvement yet,
therefore we have decided to terminate him pls tell me what is the legal procedure of termination,

Hope you have documentary evidences to prove that opportunity was given to him to improve his performance, and after such opportunity he has failed to improve his performance. Please note that in such cases, you have to prove that the quantum of improvement was less than other employees or normal standard practice. E.g. if all the other workers are producing 80-100 products per day, then if the employee produces 50 products, then it can be said that the performance was below standard.
Legal procedure is to issue charge sheet, held a domestic enquiry and prove such charges in the enquiry and thereafter basis of the enquiry reports and findings, take action (i.e. termination or whatever suits you best).


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