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.

From India, Bangalore

Prepare youself for senior leadership roles by discovering your unique leadership style →
Promoted: UCLA - Executive Leadership in a VUCA World (Explore Course)
Hi, As per the terms of employment he should be given minimum 1 month salary even though 15 days prior PIP was given.
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

From India, Mumbai

If you are knowledgeable about any fact, resource or experience related to this topic - please add your views using the reply box below. For articles and copyrighted material please only cite the original source link. Each contribution will make this page a resource useful for everyone.

Please Login To Add Reply →






About Us Advertise Contact Us Testimonials
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2021 CiteHR.Comô

All Material Copyright And Trademarks Posted Held By Respective Owners.
Panel Selection For Threads Are Automated - Members Notified Via CiteMailer Server