How Do I Handle the Formalities of Terminating a Non-Performing Employee for the First Time?

sojuloyola@yahoo.com
Dear Seniors,

We are going to terminate one non-performing employee. We have given a warning letter for improving his performance this month and also asked for an explanation of his non-performance. In the first week of this month, we issued a warning letter, and he submitted an explanation. In the explanation, he agreed to improving his performance. However, he has not improved his performance up to now. Therefore, we are planning to demote/terminate him at the end of this month.

What are the formalities for doing so? I am doing this for the first time in my career as HR. Seniors, please help me.

Regards,
Soju
sanjaytyagi2007
Dear Soju,

First and foremost, please try speaking to the employee about what is wrong with him/her and the organization; i.e., analyze/try to determine the reason and address it. If the employee is still not performing, issue a second warning letter, and also obtain feedback from his/her immediate supervisor regarding the performance issues and document the same.

Also, ensure that you obtain an acceptance and acknowledgment letter from the employee acknowledging his/her non-performance. Once the documentation is complete, issue a termination letter citing non-performance grounds (please refer to the termination clause in your company's appointment letter).

If the employee is on probation, termination due to non-performance is permissible. Additionally, ensure to settle any outstanding matters.

Regards,
SKT
sanjaytyagi2007
Dear Soju,

First and foremost, please try speaking to the employee about what is wrong with him/her and the organization. Analyze and try to determine the reason behind the performance issue, and work towards fixing it. If the employee continues to underperform, issue a second warning letter. Additionally, obtain feedback from their immediate supervisor regarding the performance issues and document it.

Please ensure that you obtain an acceptance and acknowledgment letter from the employee acknowledging their underperformance. Once all documentation is complete, issue a termination letter citing non-performance grounds. Refer to the termination clause in the company's appointment letter for guidance.

If the employee is on probation, termination due to non-performance is acceptable. Remember to settle any outstanding dues before the employee departs.

Regards,
SKT
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