New to HR: How Do You Handle Immediate Employee Termination Without Notice?

Hi,

I am new to the HR field and started my career in a software company. Could anyone suggest to me what the procedure is to terminate employees immediately without any notice period and notice salary? May I know how it can be termed? Kindly expecting a quick reply.

Dear,

When you terminate a person without considering any pros and cons, being in a software company, you do not follow any laws of the land or even the appointment letter issued by you.

First of all, termination like that without assigning any reason or any misconduct is illegal. If you are terminating someone, you must give them their legal dues.

Thank you,
J.S. Malik

Dear Mukunthan,

The simple way to terminate any employee is to convince him somehow to resign.

Sir,

First, I would like to thank you very much. The thing is, we have decided to terminate employees based on their performance only. However, as I mentioned earlier, it must be in accordance with the norms advised by my top management. So, is it possible for me to do so? Are there any special terms that need to be mentioned? Please guide me.

Dear,

We in this forum guide you only on legal ways. You have all options to follow illegal ways; I think that will be better for you. You can consult with the forum for legal or illegal consultation. I do not know if you do not want to know certain things or if you like illegal advice.

Thanks,
J. S. Malik

Hi Mukunthan,

Firstly, you cannot immediately terminate any employee based on performance. You have to give them warning letters, at least two to three times. You should have all the facts and figures that support the fact that they are not performing. After that, you can give them the termination letter, keeping in mind the clause in the appointment letter.

Hope this gives you a little help. 🙂

Dear Friends,

As an HR professional, you should understand and keep in mind that termination should be a last resort. When terminating employees, you must build a solid case; otherwise, it may become illegal, leading to various implications.

If an employee is not performing well, you cannot simply terminate them. Have you communicated the issues to the individual? Have you provided training or tried them in a different role where they might excel? If not, the termination could be deemed illegal. Moreover, it's not just about the individual; if such situations persist, it can tarnish the company's reputation in the market, making it challenging to attract new talent. As a responsible employer, your management team must be prepared to face all consequences. Please proceed with caution as there is a risk that insecure employees may form unions.

Consider all these factors and plan accordingly.

Best regards,
Kameswarao

Dear Mallikjee,

I can support the idea that you should go the legal way. Illegal methods are not suitable for a good HR manager. According to the terms and conditions stated at the time of appointment, you should terminate employees. :-D

I also agreed with all the experts.

There is only one way that will work on practical ground and will save you from all legal formalities, i.e. 'conveying the employees to submit their resignation'. Tell them all the aspects and impacts of doing so.

Regards,
Jitender

Hi,

You mentioned that you wanted to terminate based only on performance. Okay, however, it might be better to consider using some unethical methods to terminate them instead of following a legal process. Because you are acting in the best interest of your company. Therefore, please think about it and ensure your own safety.

Thank you,
Jana

I am also in agreement with all the experts. Kindly follow the legal terms. If you terminate the employee illegally, you may face some legal problems. So, my suggestion is that you approach your company's legal officer for better support.

Regards,
Balaji V
EDAC

Dear Muthukan,

First of all, I want to express that I am in agreement with Mr. Malik. Things can become very complex to handle if we do not initially follow the rules/laws. However, if your top management is willing to do so, then I understand you may feel helpless. I suggest you make them understand the pros and cons, and I am confident they will take it into consideration.

For the future, you can consider preparing different terms and conditions, such as appointing candidates initially as trainees/probationers for a certain period. But for now, you must either provide the individual with their dues or a notice period. If the person is consistently underperforming, it would be advisable to settle their dues in advance and ask them to leave as soon as a replacement is found.

This is my suggestion for you. I recommend discussing, contemplating, and taking action accordingly.

Regards,
Sandeep K.

Dear,

Simple Steps:

a) If he is an employee under the Factories Act, termination is possible under Standing Orders.

b) If he is an employee under the Shops & Establishments Act, he can be terminated with 30 days' notice.

c) If he is bound by a contract, then according to it.

With Regards,

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Dear,

As an HR Professional, hiring and termination are our regular activities, but they must be done in a legal manner. In your case, you should talk to the employee and explain that if they submit their resignation, we will support them throughout the process. They will receive their experience letter, relieving letter, and their dues will be settled. This will be beneficial for their future prospects and will also serve as a positive reference for any future employers. On the other hand, in the case of termination, they will lose everything. I believe this information will be helpful for you.

Ashwini Kumar

Hi,

First, you need to go through his appointment letter and check the termination clause. In the case of a probationary employee, he may be terminated or asked to resign, but he is eligible for notice pay. It is better to convince him to resign and allow him to serve his notice period or pay in lieu of it. You just cannot terminate an employee without notice.

Manikumar
9901381978

Hi,

Can somebody please tell me if it is right for a company to ask for a 60-day period to complete the full and final settlement (F&F)?

Regards