Please let me know the criteria, or I would say I want a document in which it is mentioned that we can terminate a permanent employee on the basis of poor performance after sending two red mails to him/her.
Thanks in advance.

From India, Ambala
Dinesh Divekar
Business Mentor, Consultant And Trainer
Hr Manager
Sr.manager - Hr&admin
Insolvency N Gst Professional

Dinesh Divekar

Dear member,
Well gentleman, if you wish to terminate an employee on the grounds of poor performance, then the contents of the mail are important than the colour of the mail.
Have you given him the warning letter on his poor performance? If yes, then did you preserve the duplicate copy with the signature of the employee?
Going further, you need to conduct the domestic enquiry to prove poor performance. Did you communicate to the employee what was the expected performance and did you obtain his signature on receipt of this communication?
Termination is a legal matter and it has to be handled with due sensitivity. I say so because if tomorrow employee were to go to the court, your records will come under scrutiny. Poor records should not push you to a sticky wicket.
Dinesh Divekar

From India, Bangalore
Thanks for the reply Mr. Dinesh.
But I just wanted to know that if we can terminate a permanent employee on the abovementioned basis.
One of our employees' is not working upto our expectations and two written mails have sent to him regarding his poor performance. But after that also he is not performing well.
Can we terminate him?

From India, Ambala

"One of our employees' is not working upto our expectations and two written mails have sent to him regarding his poor performance.""
Have quantitative or qualitative standards been documented and informed to him and other similarly
placed employees?
What was the reply if any from employee?
how long has he/she been employed with the firm?
To terminate an employee, laws of natural justice are to be followed,2 red coloured mails will not serve the purpose in any way.
On the contrary, this colour code can indicate that management has already prejudged the issue.
Call the employee and enquire about his poor performance, document it and keep his HOD in the loop .
Subsequent to all this if there is no measurable improvement and he is maintaining lower standards than his co workers,action can be considered.

From India, Pune
The employee was called to ask the reasons for the poor performance, but he did not justify it. Now, we have lost one of our client's due to his poor project performance. We have a policy document over which it is mentioned clearly that a person can be terminated on the basis of his/her performance and moreover, it is mentioned on our offer letter also.
Now, what can I do to resolve this issue,as we do not want him to continue with us.

From India, Ambala

How long the employee is working with you.?
Was he a good performer earlier and now not doing good ? If so what were the reasons behind towards decline in his performance. What was his explanation? Not clear.
If he is already been warned of his low performance then discuss with him. Encourage him to submit resignation and relieve him properly. In case of termination due to poor performance he cannot show the same it to his future employer. Hope you will be paying some money as per your employment terms( one month gross?). The same can be paid even if he submit resignation. However explain him whether he prefer proper relieving or termination and let him take call.
By collecting resignation letter it favours both parties involved and avoid unnecessary legal hurdles.

From India, Madras

There are 2 ways of tackling this issue. One is personal discussion. HR can call the employee concerned, in the presence of his HOD/immediate supervisor. Try to find out the reasons for his bad/poor performance. At the same time be assertive in communication with him that management can not accept this and convince him to put down his paper so that in a friendly way the issue could be resolved amicably.
Second one is official way. Did you prepare his Job description and Key Result Area/Key Performance Area (JD and KRA/KPA). Did you issue him a copy and get acknowledged by him (by obtaining his signature on its copy? If yes, prepare a letter quantitatively measuring his poor performance and then issue termination letter alongwith his F&F settlement dues with one months' extra salary.
I recommend the first one suggested by me.
Thanks, regards

From India, Aizawl

Low efficiency is not misconduct,unless it is deliberate go slow,which is a misconduct.
In such cases domestic enquiry has to be held and it is to be established that poor performance is deliberate.Therefore in absence of enquiry,such termination would be illegal.Of course in case of probationers,poor performance can be a ground for termination and enquiry may not be necessary.
Poor performance would be a factor while considering promotion,increment etc.

From India, Pune

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