Dinesh Divekar
Business Mentor, Consultant And Trainer
Industrial Relations And Labour Laws
Retired Government Servant/advocate
Sr.manager - Hr&admin

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We have an employee whose performance is off the mark and dont follow company policy some times.... We want to transfer him/her to another department so newly hired employee dont follow his/her footstep and we dont have to hire another person for vacant post. but he/she is not agree with it. what if i will give him/her a month notice for termination. will it be a problematic to company???
Dear friend,
If the employee's performance is not up to the mark, then you need to counsel him/her and if the performance does not improve even then also then you need to terminate his/her services. By transferring an employee to another department, will your problem be solved? Are you sure that he/she will perform well?
Is the transfer to another department a ploy so that he/she submits his/her resignation automatically? If yes, then issue the Transfer Order (TO) signed by the competent authority. If the order is not complied with then issue the show cause notice and wait for his/her reply. Depending on his/her reply, you may terminate his/her services.
Dinesh Divekar

Do you have a separate department to which all employees who do not follow the company policies and who are problematic can be transferred???? Do you think that in the new department he will perform well? No. This is a wrong selection. It should be rectified immediately,otherwise, you will not have a pleasant sleep. How to correct the mistake in selection. Here is the significance of Probation period and the wording in that. Probation is a period during which an employee can be evaluated as to his fitness to the culture of the organisation and if he is not fit terminate him without showing any reason and without giving any notice. If there is any notice required,you can give, but you need not explain why is he terminated. If you say something or some reason for termination, he should be given an opportunity to defend the charges, otherwise, the termination will cause stigma. Therefore, you can quote the clause in the appointment order and send him out at the earliest.
It depends on the terms of employment mutually agreed between the Employer and Employee. Mostly employee itself will resign if he is not willing for transfer. However it is better to find out the root cause for the non performance and to impart training.

In such a case, the employer cannot avoid the due process if the unwilling employee does not submit his resignation voluntarily.
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