Labour Law & Hr Consultant

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Hi, Im working as HR Executive in a startup, where only i deal with the night shift and the day shift but my shift is kind of UK shift.
Can anybody suggest me what to do in the of termination of an employee. The issue is that she is in Sales, only this time when the verbal warning was given to her and the board meeting held for sales team, she achieved her targets. But she was not good at work ethics, she doesn't send an email to the me(HR) regarding her leaves, which is the policy of our company, she doesn't really follow the usual policies.
This time she disobeyed to the Team Leader for login to handle the chats. The issue is being a HR i wasn't informed for her misbehaviour, she is in night shift and I'm in day shift but I'm the only HR. Now the Management decided to ask her to leave, i did my part, the conversation took place but then she is not ready to give the resignation, and she is right away asking to terminate her. I got a mail from her that she needs her termination paper. Im new in this profile, not more than 2 years, now I'm in a situation where i have to send her mail but making sure we don't have to pay 3 months salary in liue thereof. Can anyone suggest me what to do in this situation?

From India, Noida
Dear Rashmi,
No employer can simply terminate the services of an employee without observing the due process of law pertaining to disciplining misconducts just because at times s/he fails to obey the instructions of the superior. Similarly, just to avoid unpleasantness, the employer can not insist on immediate resignation.
If the performance of the employee is good, she can be given proper counselling to mend her behavior towards her superiors and to follow the procedural formalities relating to her work to the satisfaction of the superior.
Instead, if you feel based on her past record that she is not amenable to counselling or the like, frame specific charges against her, conduct a domestic enquiry by affording her all reasonable opportunity and then terminate her by means of a speaking order.

From India, Salem
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