Umakanthan53
Labour Law & Hr Consultant
Kritarth Consulting
Posh Programs; Hr Management Consultants

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Dear all..
An employee has not performed well in the last one year. His line manager wants him to leave by May end,2020. His notice period is one month. Pl guide what can be done? we also want to eliminate pressure of paying salaries during covid.. but morally will it be right to remove him during such tiring times.....any ideal way how can it be done?
thanks

From India
Wa the concerned Employee, On-Probation??? Ifa Probationer you may act as per Probationary Letter/Order. If he already completed his stated Probationary Period, Action Steps shall be different.
Kritarth Consulting Team,
15.5.2020

From India, Delhi
Underperformance is not a misconduct. In a way, an underperfoming employee reflects the underperformance in the very recruitment process. Whether it is performance issue or any behavioral issue, the employer cannot compel or coerce the employee to quit the job on his own and if he does it would be treated as "constructive dismissal" only. In case of continued under performance, dispensing with the services of the employee for that reason becomes even all the more cumbersome. There should be objective and pre-set standards of performance, well-documented and continuous performance appraisals of the employee, grant of chances for improvement like PIP, efforts taken to place the underperformer in suitable alternative job positions and his refusal and so on.Then only you can formally show him the exit door. Particularly, doing this during the lock down period is not advisable.
From India, Salem
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