If an employee is terminated from the services due to poor performance. Is the organisation suppose to pay 3 months advance salary legally from the day of his termination?
The employee was give 15 days of pip to performance and when he failed to do so he was relieved from his duties. He was handed over all the documents and salary till his last working day.
Let me know please, if there is any legal complication involved here.
23rd July 2019 From India, Bangalore
Hi,
As per the terms of employment he should be given minimum 1 month salary even though 15 days prior PIP was given.
23rd July 2019 From India, Madras
Dear colleague,
This case appears prima facie illegal and unjustified if he is a 'workman' under the ID act.
For proven misconduct in the domestic enquiry held as per law, for a dismissal, no notice period is required except that all his legal dues ought to be paid within next working day.
Instead of terminating like you did, would it not be better to have obtained his resignation?
It is win win situation for both - you preempt legal exposure and employee leaves with no blot on his career.
Regards,
Vinayak Nagarkar
HR-Consultant
24th July 2019 From India, Mumbai
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