How Should Companies Legally Handle Termination for Non-Performance? Seeking Guidance

Dear Seniors,

Can anyone please tell me the procedure that a company should follow while terminating an employee under full-time employment, as the reason for the termination is non-performance? What legal documentation is necessary for the same?

Thanks,
Aarti Khanna

Dear,

Terminating an employee is a very lengthy procedure. There are a lot of misconducts on the basis of which one can be terminated, and non-performance is also one of the misconducts. All these misconducts are defined in the standing orders of the company. If you do not have certified standing orders of the company, please read the model standing orders, and then you will gain a lot of knowledge regarding the terms and conditions of appointment.

Regarding termination - issue a show cause, ask for an explanation, if not satisfied, conduct a domestic inquiry, then only terminate. One thing to remember is to follow the principles of natural justice.

Thank you.

J.S. Malik

Hi,

Is it possible to terminate without any service rule or any note in the appointment letter?

Regards,
Nabolbona

Dear,

A clear reply was given in the earlier discussion. If you don't want to follow it, then you are the better judge.

Regards,

JS Malik