Terminating An Employee

there is one employee in our office who first of all not at all performing because of which my boss is frustrated

Secondly this employee is asking for 8 days off for his cousin's marriage which is quite unacceptable because this month we have projects to deliver and if he takes off for that week all work will come to halt and we might lose our project (money) if we failed to deliver it on time and if this employee took off for that week it will be impossible to meet the delivery date

third thing we did not reject his request for off we allowing him to take off for 4 days which employee is not accepting, he is not ready to adjust and acting stubborn that no matter what I'll take off and its not even a month completed since he joined (he didn't tell us in advance at the time of joining that he will need this much leaves otherwise we would have not appointed him).

now the question is what to do?

shall I terminate him (my boss is pressurizing me for this one because he is already screwed because of employee's behaviour)?

or i should ask him to resign

what my boss is not understanding is that if he will terminate him(because he wants to mention it in letter that how irresponsible this employee is) he have to pay him for 15 days (notice period) which he is not ready to.

You may tell the employee that he will not get 8 days leave and considering the situation he should adjust. If he overstays his leave you may terminate him saying that he has overstayed the leave. If he is ready to put his papers it will be good and unwanted problems can be avoided. But remember that you should not mention "poor performance" as reason for termination because one month is very less a period to assess one's performance. Therefore, avoid that. Normally a new employee would be on probation and on probation termination without notice is also possible and on that ground you can terminate him.
Regards,
Madhu.T.K

deqr madam,
It seems you are not satisfied with the employee. If he is working only for a month and is still on probation, then you have the option of terminating him without notice, provided this clause exists in the appointment letter of the employee. Normally, the employees are kept on probation for 6 months during which their conduct is observed and if it is not satisfactory, the employee can be terminated without notice, condition is that this clause should have been expressly accepted by the employee.
9011075672

I totally agree with Madhu.TK. Normally, initial appointments i.e., Temporary Appointments, will be given duly specifying the terms of reference,such as that the period of probation either 6 months or 1 year, and also specifically indicate that the services of the employee may be terminated at any time during the probation period without notice and without assigning any reasons thereof. During the period of probation, no rights will be accrued to such probationers. If their services are not satisfactory during the period of probation, the Managements can terminate the services without notice and without assigning any reasons.

Dear Vandana
Mr Madhu has given good suggestion.Resignation is best option.Still if he is not resiging than only thing terminate under probation clause for unauthorised leave.Performance can not be evaluated within one month.

I wanted to know, is their any way to terminate a confirmed employee without paying one months salary (notice period).

Dear Jaya
As per rules under natural justice, a confirmed employee cannot be terminated without giving any notice and without assigning reasons for his termination. You have to refer to the terms of reference of the appointment of the candidate, and also stick to the service rules of the company before taking action against any confirmed employee, otherwise it will not withstand in a court of law.
Suri Babu Komakula