Can I Terminate an Employee Causing Issues Despite a One-Month Notice Clause?

Hi,

I am working for a magazine company and want to terminate an employee who has been with us for the last 2.5 years. In our letter of confirmation, there is a paragraph stating that one month's notice on either side is applicable in the event of non-continuity of services. Could you please advise me on whether I can terminate him or not, as he is causing too many problems?

Regards,
Shakila

Hi,

I believe that before proceeding with termination, you should issue a warning to him concerning the problems he is causing. Clearly state that he will be terminated if he does not change his attitude. This approach will make your job easier when serving him notice of termination.

Regards,
Radhi

Radhi,

I have already issued him a termination letter for the contract. He sent us a registered letter explaining his side. In the letter, he used some offensive words.

Furthermore, this is the first case of its kind in our organization. If we allow this person to proceed unchecked, it will create more unrest in our organization.

Please advise.

Hi,

Have you given him enough warning on the subject based on which you want to fire him? You also need to pay him a month's salary if you are not firing him on disciplinary or non-performance grounds, for which you should be able to produce relevant documents. Discuss with your management if you find anything fishy.

Regards,
Vijayakumar

Why are you planning to terminate the employee and on what grounds do you intend to sever him? It is not clear. There are a lot of legal implications to consider when it comes to termination. Before proceeding with termination, you must establish charges through the process of domestic enquiry proceedings.

In my opinion, you should consider asking him to resign on personal grounds and release him promptly. If not, I suggest discussing the matter with your legal advisor.

Regards,

Hi,

What Pradipta has advised is the correct process, viz.:

1) issuing a show cause notice
2) evaluating his response
3) appointing a neutral arbitrator
4) holding a domestic inquiry
5) suspending the employee
6) ensuring salary compliance with suspension rules.

Based on following this process (which can take 1 month or longer), you can terminate the employee. It is a lengthy and costly process. Therefore, as someone suggested, ask him to resign for personal reasons, complete his settlement on the same day, and let him go. It is less time-consuming.

You mentioned that you have a lot of documentation based on which you can terminate this employee. Please seek proper legal advice before issuing a show cause or termination notice.

Regards,
Ryan

Hi,

I agree with Pradiptadatta's suggestion!

If you find any employee non-cooperative or has done anything that goes against the law and the organization's rule book, ask them to resign on personal grounds. I follow this in my organization.

Regards,
Anuradha

Hi, I know this is a big issue for you. You can't send any employee out of the organization like this. It will be a problem for you. So try to find out his weak points, then make the decision. That will help you to know the person.

Please talk to any management person regarding this.

Thank you,
Ankita

Beware

Before even thinking of terminating a unionized workman, let me tell you, if you are not an experienced person, please do not attempt it to fulfill your personal grudges or ego. There are chances that you will fall into trouble and even involve your organization in it.

Even if it seems unbearable, consult a professional lawyer, issue a notice, conduct a domestic enquiry, prepare a chargesheet, and take care of various other things because there are high chances that if you lack experience, you may leave some loopholes. As we all know, our labor laws are very employee-friendly.

Hi guys,

I also agree with pradidtadatta's suggestion. Let's try to avoid termination as it entails many legal implications. Instead, suggest that he resign for personal reasons and ensure the PF withdrawal form is signed promptly.

I'd like to share an experience from one of my previous organizations. When an employee, particularly one involved in the union, caused issues, the Management would transfer them to a different location within the country. This practice was only possible due to the transfer clause in the appointment letter, which is common nowadays. As a result, the employee would often choose to resign or cease their disruptive behavior.

This approach might be beneficial.

Regards,
Dheeraj

Hi,

Feeling like a professional, terminating an employee for some reasons may seem unprofessional for an HR professional. We, as HR professionals, should strive to solve problems rather than simply getting rid of them. It is important to identify the cause behind an employee's misconduct and provide counseling.

HR should not resort to legal measures for trivial reasons. HR professionals play a crucial role in various aspects such as staffing, counseling, motivation, and demonstrating ethical behavior. I believe this issue is minor and commonly encountered in many industries. It is advisable to address the issue amicably and maintain a friendly approach towards the employee.

Thank you,
M. Felix. C

I too agree with Ryan and Pradipta's suggestion to ask the employee to resign on personal grounds instead of going through the long, time-consuming process.

Shraddha

Hi,

I am with Felix. We can do something better than what has been done traditionally.

Regards,
Vijayakumar

Dear Shakila,

Sorry for the intervention.

Based on my career experience, I recommend not terminating any employee. Instead, consider increasing pressure on their job and assigning more responsibilities. If the employee is capable, their attitude is likely to change, or they may choose to leave the organization.

Regards,

Gajendra A. R.
Production Executive

I too agree with Pradipta and Ryan. Legally, we cannot terminate an employee before giving at least 2 warnings to the person. We have had sufficient cases here in my organization, and what we try to emphasize is taking a resignation and relieving on the same day rather than letting it hang for so long, which would have several implications besides wasting time and energy on someone not so important for the company.

It could lead to negativity amongst the existing employees. It allows the defaulter to keep defaulting in the company while looking for better prospects outside, and the company will have to bear with a non-productive employee. It gives ideas to others to follow suit, creates negative publicity for the company through word-of-mouth spread, and shows HR as a not-so-strong function.

I too agree with Pradipta and Ryan. Legally, we cannot terminate an employee before giving at least 2 warnings to the person. We have had sufficient cases here in my organization, and what we try to emphasize is taking a resignation and relieving on the same day rather than letting it hang for so long, which would have several implications besides wasting time and energy on someone not so important for the company. It could lead to negativity amongst the existing employees. It allows the defaulter to keep defaulting in the company while looking for better prospects outside, and the company will have to bear with a non-productive employee. It gives ideas to others to follow the suit, creates negative publicity for the company through word of mouth spread, and shows HR as a not so strong function.

Regards,
Avneet

Hi,

You can terminate him on the grounds of indiscipline. Please review the contract again; it must mention, "In case of indiscipline or... the company can terminate your services."

Jolly

Dear Shakila,

As the terms of the contract clearly state a one-month notice period, you can do so by providing a valid reason. Please follow the model disciplinary procedure for this. Another method is to resort to unethical practices by deliberately insulting and harassing him, which can make him provocative and angry.

Thank you.

Hi Shakila,

This is precisely the same situation I had faced as an HR of my company. If you mention a one-month notice period in your offer letter, you must adhere to it. Take it for sure that the employee will ask for a one-month notice until you have a strong reason to do otherwise. Please don't find yourself spellbound when the employee talks about the notice period in the offer letter. Learn a lesson and be proactive in the future.

Best regards,
Santosh Verma.

Hi,

You must warn him once before issuing a termination letter. If the termination is indispensable, you can rather ask the employee to give a termination letter before you terminate his service. You may tell him/her that if he/she does not resign, then after one month he would receive a termination letter with severe repercussions. To avoid that, he must resign ASAP.

However, that is highly unethical.

Regards, Santosh Verma (9886609605).

Well, terminating an employee definitely deserves notifying him/her as per the duration mentioned in the offer letter. But if that's indispensable, you need to ask for a resignation letter from the employee's end and suggest to him/her that by doing this, the person might avoid the humiliation of termination. I feel that it's most probable that the employee would agree to resign as a termination letter might be detrimental to the person in the future.

BUT IT'S HIGHLY UNETHICAL TO DO SO.

Regards, Santosh Verma. (9886609605)

Can anybody send me the termination letter and also the clause under which Act we can terminate the employee? Please, I need it at the earliest.

Amit

Hi,

As you have clearly said that he is associated with the Union and is aware of the legal rights, I request you to do some counseling with respect to the aftereffects of his behavior and also if domestic proceedings take place. Do coax him into not giving his resignation letter as it would be beneficial for both sides. We had also faced this problem, but our counseling and mentoring team was good, and we were successful.

All the best.

Regards,
Karuuna