Can We End a Notice Period Early Due to Frustrating Behavior? Need Advice by Tomorrow

Hi, I would like to know regarding a particular case in my organization. My org is a software development organization. Recently, we have served notice to an employee, giving him a 2-month notice for termination. This action was taken due to his poor performance and lack of adherence to the code of conduct. However, after receiving the notice, his behavior has been very frustrating. Is it possible for us to stop the 2-month notice and terminate his employment immediately, compensating him for the days he has worked until now? Kindly respond by tomorrow as I need to make a decision by Monday.

Can I know why he has to serve a notice period of 2 months?

If his roles and responsibilities are well understood by some other person or the one whom you have newly recruited, you can surely take action against him. This usually happens when a person comes to know that his days with the existing company are limited. There will be a lack of interest towards his work and he may demotivate other colleagues as well.

Hi Husna,

Basically, our appointment letter has only one clause: if you want to terminate the job, either side has to serve a notice of 2 months. So, while serving the termination notice, we had to give him 2 months' notice or an equivalent salary for 2 months. However, after serving the notice, he is behaving in a very unprofessional manner. In this case, can we remove him by paying the salary for the days he has worked, or do we have to pay for the complete 2 months?

Hi,

I am also working with one of the software companies as an Executive HR. We have the same 2-month notice period clause in the appointment letter. However, in the event that we encounter such a scenario, we have provisions to release or relieve that employee before the completion of his 2-month notice period. In such cases, you are required to provide the employee with the salary for the entire 2 months. It would be advisable for you to consult with your top management.

Thanks & regards,
Vikas

If you ask him to leave before the 2 months notice, you will have to pay him the remaining amount for which you didn't give him notice. I think it is very straightforward.

In my opinion, there are two options:

1. You can release him immediately and pay him 2 months' salary for his poor performance.
2. Or ask him to resign before undergoing counseling, as this is better for both the employee and the employer.

However, you can release or fire him as per the terms and conditions agreed upon.

Regards,