How Do You Handle a Non-Performing Employee Influencing Others? Seeking Advice!

Hi all, I need help from all my seniors. I am an HR professional at an IT company. In our company, one employee is not performing well and is not maintaining the company's discipline. Just because of him, other employees are also trying to follow his lead. It's like a rotten apple that spoils the bunch, so my manager doesn't want him in our company.

Seeking Reasons for Employee Termination

In this situation, we need to remove him from our company, and we need a strong reason to do so. Kindly suggest some reasons for us to let him go.

Regards,
Pooja Saikhedkar

Reasons for Termination

Non-performance, indiscipline, and insubordination are strong enough reasons. If he is not performing well and you have proof of his non-performance, along with evidence of indiscipline, then just terminate him. You don't need to frame reasons for his termination.

Thanks a lot, Sanjeev. Still, we need another strong reason because he will compare all other employee activities and many more things. One more thing is our company is a startup company, so we need to take care of that as well.

You can warn the employee by giving a formal letter or something. Mention in the letter that post notice, the behavior and performance will be monitored for, say, 15 days. No improvement will lead to termination.

Understanding the Industrial Employment Act

Kindly go through the Standing Orders of the Company under the Industrial Employment Act. It is an act that provides normal terms and conditions of employment to all employees of the establishment. Under this act, the said employee should not behave abnormally, create a nuisance, or work slowly, etc. These behaviors are mentioned, and it also includes what kind of punishment will be given if an employee crosses his/her limit during the course of employment.

Steps to Address Employee Misconduct

Based on this, you can issue a notice to request an explanation for such behavior. Subsequently, you can issue a warning memo. This is the process under the Industrial Disputes Act, and it will help you to defend your company if that employee files a case against your company in the Labour Court.

Please refer to:
- Industrial Employment Act
- Industrial Disputes Act, and other related acts

Regards,
Pooja Saikhedkar