Dear all, I am Hr professional working in small IT company in Maharashtra state.
Can anyone please guide me what is the process to terminate any regular employee on account of non performance.
And also guide me what are legal provisions under Labour Law that we need to follow before terminating an employee.
Looking for urgent help.
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Dear madam,
The cardinal principle before any termination of a regular employee requires you to give him an opportunity to explain his side of the issue relating to performance.
Therefore, issue him a show cause notice stating clearly what you consider as below par performance and ask for his explanation within 2 days.
If you find his explanation un satisfactory, then issue him a chargesheet , conduct domestic enquiry in fair and proper manner wherein full and fair opportunity is seen to have been given, weigh the findings of the enquiry report and award punishment proportionate to the gravity of the misconduct.
If termination is considered to be an apt punishment, give him another show cause notice , by enclosing a copy of the findings of the enquiry report, asking him why his services should not be terminated.
After his reply, you can act on the termination order.
The above steps require specialised knowledge and experience and need to be handled by the legally trained competent person.
Many companies choose not to go through this process and obtain resignation from such person. In a way, it is practical, faster and without any blot on the career of the person if handled successfully.
Regards,
Vinayak Nagarkar
HR- Consultant
Yes, Mr.Nagarkar is correct on his views .
Rgds,
Adv.Jatin Adhav
9762382477
The procedure of termination Is last option always and that too if it is inevitable.
An local enquiry is required to be conducted by a HR committe if any and try to find out the circumstances why an employee has defaulted.
It also includes issuing min three notices for show cause and allow him to defend for the act of default.
Under very rare circumstance if its so required a legal stand may be adapted to proceed further to take legal action.This may require formation of a separate committe comprising of Members from union,core management,labour office and arrive at final descision.
The whole process would involve proper recording and documentation and its preservation.
However this procedure is usually very tedious and lengthy for both parties.
Best is amicable separation ,where an employee is explained about his default and ask him to resign from his end,while company should take all the efforts to release him with happy gesture and complete full and final.
Exiting employees is no good,yet employees will leave organisation,best is keep the doors open for them to come back.
I am owner of private security company in Maharashtra state. Can anyone please guide me what are legal provisions under Labour Law that we need to follow before terminating an employee and also guide about what documents required for firm registration. Looking for urgent help.
Under Maharashtra privates security guards regulatiom of employments and welfare act, It is manadatory to have all the basic licenses and registerations to be in place as per labour laws along with having PSARLicense.Also it is mandatory to get exemptions under the provisions of sec 25 of Psar Act.
Which says that all the guards be registered with board,employer and employeing agency be registered with the board after the declaration of exemptions through gazzette.
This whole process ensures welfare of guards and the procedure for appointing guards and terminating etc.
Having said this,an agency needs to keep the records of police verification,training of all security guards.
For termination a procedure of rules under the said act is given which says that an opportunity be given to the employee to defend for his employment and post enquiry and recorded warning with intimation to guard board the employee is terminated if found unsuitable for any reason which satisfies the enquiry committee.
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