Law Practice
Labour Law Advocate
Retired H R Professional
+3 Others

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.
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.
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
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).
sir, pls tell me how to conduct domestic enquiry & which documents shall contain the chargesheet,
Dear DeveshCH,
Your post does not reveal much for any advice, at least I cannot gather from your reply, "appointed on senior designation".
You were asked to explain what was the work or job or responsibilities of that employee and what type of work say manual, clerical, supervisory, officer, operational etc was given to him. Further, what was expected from him by management and what and how he has performed, are the basic questions.
Merely saying performance is not satisfactory does not help any body. You will have to be specific in putting charges on the employee and further you must be able to justify or prove (very popular among HR Fraternity) those charges of slow performance.
But mind you, slow performance of an employee is not a misconduct, but willful or intentional slowing down of performance is certainly a serious misconduct.
So, one should be always careful in leveling charges of slow performance against employee.
Study the case of RAMESHA vs HCL the verdict given by First Additional Labour Court Chennai. It is preferable to start with Glaxo Laboratories case where the misconduct viz assaulting the supervisor while travelling in the company owned bus was held not valid and the Supreme Court in no ambiguous terms said that the Misconduct in Standing Orders are not ILLUSTRATIVE but exhaustive. Therefore Inefficiency must find a place in Misconduct or as a separate clause attracting termination of employment consequent to one being found as INEFFICIENT in spite of Warning, counselling, and TERMINATION was inevitable And it goes without saying that a charge sheet to be given reply obtained, reply found not satisfactory, enquiry ordered enquiry conducted, fair opportunity given, copy of proceedings and documents submitted given, E O found him guilty Second show cause notice as to why he should not be terminated then in the TERMINATION order state that he had not adduced fresh grounds to reconsider the proposed Termination.
You cannot go ahead and terminate anyone in the organization. Its important to document everything, for termination itself it is important that 3 written warning is given to an employee or on the basis of his performance he can also be put under PIP (even then if there is no such improvement then you can terminate him on poor performance grounds ).
If force resignation is not working then its important that you think twice before taking any step, as it can create problem for you in future.
Add Reply Start A New Discussion

Cite.Co - is a repository of information created by your industry peers and experienced seniors. Register Here and help by adding your inputs to this topic/query page.
Prime Sponsor: TALENTEDGE - Certification Courses for career growth from top institutes like IIM / XLRI direct to device (online digital learning)

About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2019 Cite.Co™