Umakanthan53
Labour Law & Hr Consultant
KK!HR
Management Consultancy
+2 Others

Thread Started by #sarwin

As my company is in the process of headcounts reduction (10-12 people out of 200), the management want to give them a letter relieving with immediate effect on ground of unsatisfactory performance. The employees will be given 3 months salary which is as per termination clause in the appointment letters. Could someone send me the suitable format of the letter (legally wetted).
7th February 2018 From France, Courbevoie
How were the non performers identified/
Were they given warnings?
Termination should be done only by following principles of natural justice.
7th February 2018 From India, Pune
When it is said that the services are terminated for inadequate/non-performance, it means it is a punitive termination and the requirement of law has to be fulfilled as pointed out by Nathrao Sir. However, if you are terminating for inadequate work load, you can issue termination simpliciter stating that the services are no longer required with effect from a suitable date and attach the cheque for the notice period.
7th February 2018 From India, Mumbai
Sorry, Mr.KK!HR, the questioner has trapped you so that he can take a cue from your answer that the management can send out any number of workmen on the termination simpliciter clause of their contracts of employment. Then, there would be no necessity at all for the entire Chapter V-B in the Industrial Disputes Act,1947. In case of termination simpliciter as per the contract of employment, it is not just mere the format of the orders of termination, but the reasons and circumstances leading to termination matters.
8th February 2018 From India, Salem
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