Is It Legal to Terminate an Employee for Poor Performance After No Raises for Two Years?

Termination Based on Poor Performance

Can a company terminate its employee based on poor performance, for example, by issuing a letter citing a lack of salary increments for the past two years and then terminating the employment in the third year? Could you please clarify whether this practice is legal or illegal?

Thank you,

Regards,
R K Madan

Dear Madan, please tell me one thing: if a person in the company with non-performance stays for 2/3 years, and then you decide to terminate him on non-performance grounds, is such a period practically questionable?

Handling Non-Performance of Workmen

Please suggest how to tackle the non-performance of workmen. What exit options can we provide to non-performing permanent workmen (with more than one year of experience) in a factory?

Thanks
Regards

Yes, I agree with Mr. Anil's statement. At the initial stage, a written letter should be given to the person, a maximum of two times. After that, we can move ahead with the decision.

Performance-Driven Work Environment

In this era of performance-driven working conditions, the only mantra in front of employees is "perform or perish." If an employee's performance continuously falls far behind the targets, the employer is justified in terminating their employment. However, it is crucial to ensure that the performance evaluation system is not biased.

Regards,
Pon

In the current fast-paced professional environment, everyone is under some form of stress. It is important to note that stress can enhance a person's output by 100% if it is positive. However, imposing anything negative can cause individuals to crumble or resort to undesirable methods for "Performance Enhancement."

Termination as a Last Resort

Termination should be the last resort for any HR professional, especially in cases of gross indiscipline, violation of organizational policies, or any actions by an employee that have led to a significant loss for the organization, whether economically or otherwise.

Personally, I believe that every individual can excel with proper mentoring and nurturing. It is essential to analyze and determine the appropriate approach to bring out that maximum potential. There is no one-size-fits-all rule that can be universally applied.

Regards,
J.S. Nadar
Asst. Manager-H.R.
[Phone Number Removed For Privacy Reasons]

If an employee will be terminated, first, you have to build records against him. After that, you can terminate the employee as per your company's standing order. The following basic records should be in his personal file:

1. Poor performance appraisal form with his acceptance on appraisal
2. Extension of his training/probation period
3. Show cause notice and get his feedback
4. Proper letter for termination and settlement

Without any legal document, you can't terminate.

Regards,
Thirumurugan