SIR,
please help me that let me know the labour law section, for a medical representative who is very active in union activities, and he has not achieved even 50% of his target since from april 2016, continuously, I have been keep on sending warning letter, remainder, but no improve ment he has shown, if I want to terminate him, what would be the procedure. Please let me know the Labour Law section, for his non performance. already I have documented all his performance. and month after month I have been sending mail. But no improvement in his sales performance.
Please help me out

From India, Chennai
If you can prove that he is performing poorly or his performance is below the average performance of other employees, and sufficient warnings/ suggestions have been given to him and opportunities were provided to him to improve his performance, and in spite of such opportunities, he has not been able to improve, in that case you can issue a charge sheet, initiate domestic enquiry and terminate his service.
Please note that you should have irrefutable documents to prove his disatisfactory performance.

From India, Kolkata
Dear Senthyl,
Apart from advice given by our learned friend Mr.Ritesh Maity , I feel to advice one more thing.Your action need to have approval of your management. This I am saying that an Union office bearer and activist can be taken to task provided in your initiative , everybody right from you , HOD and Top management should have common platform and support the action what may be result, reaction to that extent before you touch him.Your management people may suggest to shift to other department/ location to which this man may not agree or he may agree to . Ultimately,initiating action to take disciplinary action should have well thought and approval / support from Top management,otherwise such action steps taken forawrd , if reversed due to any reason will be noted immature , hence bad on the part of management and when reactions boom rang, causes serious damage in managing functions , business adding to more operational difficulty at times .
Regds,
RDS Yadav

From India, Delhi





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