Dear sir, I want to terminate one of my employee because of non performance. Can i do this.? And please tell me the detail process of terminating the employee lawfully.

Dear Ashwadeep,
You cannot do is the answer.
But for general information your query is not complete.
Firstly what is your kind of industry? How do you rate the performance of the employees?
How long is the employee working with you?
What is the status of his previous track record? Is he not performing now only?

From India, Hyderabad
Venkata Vamsi Krishna Patnaik:
sir , We are coir and foam manufacturing company similarly we manufactures coir,foam and spring mattress. and the person about whom i am talking is our employee since oct 2015. he is appointed with a high salary in one of the region in maharashtra and we dont get any return from that region from a long period of time.
his track record is even better.


Dear Ashwadeep,
Even a person appointed for high salary cannot be terminated simply on non-performance and that too the .
Termination has to be done through procedure laid out in ID Act for any manufacturing industry that too for proved grievous misconducts only.

From India, Hyderabad
Venkata Vamsi Krishna Patnaik Dear sir, can you please tel me the procedure of terminating an employee lawfully in manufacturing industry. i want to know this.

Dear Ashwadeep, can you please elaborate your Statement"his track record is even better" When Track Record of Employee is better, why Termination? Please upload Appointment letter of Employee concerned for reference
From India, New Delhi
KK!HR
1040

Sir, It is possible to terminate an employee for the misconduct of non-performance of duty, provided it is a misconduct listed in the applicable Standing Orders and the process of disciplinary action is strictly is gone through. Pl go through the previous posts on disciplinary action, many downloads are available using the search menu. Any specific query can be answered thereafter.
From India, Mumbai
If the management wishes to wind up operations in a branch due to no business or non-viability, first of all you have to communicate this to the employees working there and concerned offices as well.
Next is redeployment of employees. Now a days offer letters contain the statement, "supposed to work any where in India...' and then normally employees will take a decision to come and work in another location or quit the job.
Another scenario is that you do not have any current opportunity to redeploy the employees. In that case, please check the offer/appointment letters and see the clause and check for notice period. If it is 3 months, on a humanitarian ground, offer 4 months and settle.
Note : If you are running a factory, branch with more people, presence of recognized trade unions etc. to be treated differently. Suggest to seek labour lawyer's opinion in such cases

From India, Bangalore

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