Tsivasankaran
Consultant
Shubhangis
Service
HR-swapinky
Human Resource

Hi all, Can a Company terminate services of an employee working as a manager without giving any performance reasons when the employee is on leave? The Company is ready to pay the for the notice period as per the separation clause. Pls advise.
27th December 2007 From India, Pune
Managers could be terminated by paying them due notice period ,however only thing that legally stops this is if termination is based on the basis of Cast/Some non communicable disease/false allegation,if any of these basis termination could be challenged.
Thnaks an dregards
Jayendra Chaturvedi
27th December 2007 From India, Gurgaon
Any employee can be terminated if it is backed with valid reasons. If it is due to poor performance and the person is a key employee than companys normally remove the employee under golden parachute normally given for high level executives and CEO's were a big amount is paid normally mouth lickering :P . Please find underwritten an extract from the HR process manual on employee termination which i created for my company for the understanding for all HR people.

The classic definition of terminating someone's employment is being fired, or in technical terms involuntary termination. In the workplace, an employee may be fired for many reasons:

1. Work performance that fails to meet a given standard, especially over a period of time

2. Chronic absence.

3. Constant or gross insubordination, or other inability to properly relate (i.e., getting along) with co-workers

and/or customers.

4. Inappropriate conduct or misconduct.

5. Engaging in illegal activities on the job (such as embezzlement).

6. Any other failing as deemed appropriate by a workplace manager or supervisor.

7. In countries like United States, most states have adopted the at-will employment contract that allows the

employer to dismiss employees without having to provide any of the reasons listed above.

8. In some cases, an employee's off-the-job behavior could result in his losing his/her job (e.g., a drunk driving

arrest, especially if the employee's principal responsibilities require driving). At some businesses, a security

officer may escort a "fired" employee from the workplace to the parking lot upon his/her dismissal.

Synonyms for being "fired" include sacked, released, discharged, and dismissed, and coloquially canned or axed. One euphemism for being terminated is being let go.

Effects of termination

Rarely is a decision to fire an employee arrived at lightly, or is it as dramatic as portrayed by media. Depending on the jurisdiction, a supervisor and/or workplace manager must keep extensive documentation of employees — including records of disciplinary action, evaluations, attendance records, and correspondence from supervisors, co-workers and customers. Often, these items can be used in determining whether to terminate an employee considered for such an action. In some cases, certain disciplinary records, evaluations and relevant information must be expunged from the employee's file after a specified time period.

Types of Termination

Involuntary Termination

Often, an involuntary termination is part of a "progressive step" process, meaning the employee will have been warned for his/her work performance and/or conduct and given an opportunity to improve before more severe measures are taken. However, immediate termination may be enacted for severe cases, such as fighting, on-the-job sexual harassment or other zero tolerance offenses. Often, workplace managers require giving an employee due process, giving the worker a chance to show why he/she should be allowed to keep his/her job; they may also be required to give a terminated employee the option to appeal his/her firing.

In addition to the risks and resulting consequences involved with involuntary terminations, there is the matter of unemployment benefits. To be fired (or any of its synonyms), as opposed to being laid off, is generally thought to be dishonorable and a sign of failure. In some cases, it may hinder the now job-seeker's chances of finding new employment, particularly if he/she has been fired several times. However, in today's society, getting fired is also highly common. Most Americans will be fired at some time in their life, and not always because of any moral failing or lack of a work ethic.

Summary termination

In cases of extreme gross misconduct, an employer may pursue summary dismissal or instant dismissal, where an employee is dismissed on the spot.

Discriminatory and retalitory termination

In some cases, the firing of an employee is a discriminatory act. Although an employer may often claim the dismissal was for "just cause," these discriminatory acts are often because of the employee's physical or mental disability, or perhaps his/her age, race, gender, HIV status or sexual orientation. Other unjust firings may result from a workplace manager or supervisor wanting to retaliate against an employee. Often, this is because the worker reported wrongdoing (often, but not always sexual harassment or other misconduct) on the part of the supervisor. Such terminations are usually illegal. Many successful lawsuits have resulted from discriminatory or retalitory termination.

Discriminatory or retalitory termination by a supervisor can take the form of administrative process. In this form the rules of the instituton are used as the basis for termination. For example, if a place of employment has a rule that prohibits personal phone calls, receiving or making personal calls can be the grounds for termination even though it may be a common practice within the organzation.

Forced resignations

In addition to the risks and costs of firing an employee, firing a high-profile individual such as a school superintendent, an executive, or a public official often leads to rumor and factionalism; people who sympathized with the fired employee will be drawn against the person responsible for one's termination.

To avoid this, and to allow the dismissed employee to "save face" in a more "graceful" exit, the employer will often ask the employee to resign "voluntarily" from his or her position. If the employee chooses not to resign, the processes necessary to fire him or her will be pursued, and the employee will usually be fired. The resignation thus makes it unclear whether the resignation was forced or voluntary, and this opaqueness benefits both parties; for instance, the "fired" employee is more easily able to seek new employment in his/her given field.

High-profile individuals, when forced to resign from a job, will often claim that they resigned over "creative differences" or "to spend more time with their family". However, even these reasons can create rumors.

Changes of conditions

Firms that wish for an employee to exit of his or her own accord, but do not wish to pursue firing or forced resignation, may degrade the employee's working conditions, hoping that he or she will leave "voluntarily". The employee may be moved to a different geographical location, assigned to an undesirable shift, given too few hours if part time, demoted (or relegated to a menial task), or assigned to work in uncomfortable conditions. Other forms of manipulation may be used, such as being unfairly hostile to the employee, and punishing him or her for things that are deliberately overlooked with other employees.

Such tactics may amount to constructive dismissal, which is illegal in some jurisdictions.

Layoffs and furloughs

Finally, termination of employment can happen as a result of layoffs, also known as "downsizing", "reduction in force", or "redundancy", which are not firings. A laid-off employee's job is terminated and not re-filled, because the company wishes to reduce its size or operations, not for performance-related reasons. In rare cases, laid-off employees are re-hired by their respective companies, though by this time they have usually found new jobs.

If a company is in the process of either economic troubles and/or recent previous layoffs and they ask you to "cross-train" someone to fill in your duties "in case you are gone," chances are that a lay off process may proceed shortly

There is a termination that comes by operation of law which includes termination of contract due to such factors as frustration of contract and impossibility of performance.

Termination by effluxion of time. eg. by the arrival of mutually agreed date as in the case of a fixed term contract.

Termination procedures would also vary based on level of employee who is being terminated for e.g.

Permanent Employee

Employee on Probation

Contract Employee

Senior Executive or very senior employee.

Please let me know if you would like to read more on the same.

Regards

Swapneel
27th December 2007 From Singapore, Singapore
Hi
A manager can be terminated by giving the notice period salary or giving the notice
Legally what can he do??
Legally he can approach the civil court He is not covered under any other law The only law is The Indian Contract Act
Practically what can he do?
Generally a person at the managerial level will avoid confrontation with the management as it will leave a bad taste and other managements will not like to employ him if he decides to go to court even if he happens to be the best. So generally many organisation takes a resignartion letter pay the notice pay and close the issue unless the persons integrity was in question
Siva
28th December 2007 From India, Chennai
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