Rule Of Termination Of Employee

Dear Seniors,
We have a staff, who has been working with us since December 2008. Her performance is very poor and also she cannot get along with other staff members. She thinks that no one can take her out from job. Because of her attitude and performance no one wants to work with her. I have shifted her from one plant to another and last six months I have shifted her to office, from where I operate, but it seems there is no improvement. The management wants to terminate her, and hence, I have tried all possible levels to make her understand, but without any success. She is around 45 years with two grown up kids. Now the management has asked me to terminate her service. I have also issued warning letters, and i feel she will not resign, as she has been trying to switch over, but cannot get a job anywhere.
I need guidance from seniors to proceed further in terminating her services, as there is pressure from management to do so, as she cannot improve.
Regards,

Dear Friend,
Termination should be last call. I suggest to talk to her one - to - one, make her understand the criticality, even after that then organize a domestic enquiry and clear or else plan some benefits obtain resignation and clear the case.
Regards - kamesh

Dear Member
Having clarification on following points, one can answer your query.
1) Who is the reffered employee? She falls in definition of "workman"? Or she is in executive cadre?
2) Are you an industry? Do you have standing orders in place?
Regards
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65

Dear
Please take the last three years Performance appraisals report. If the appraisals are average or bellow,
taking this into consideration along with the Memos issued, she can be terminated from the services,
by giving the notice period as per the appointment norms.
Regards

Dear Friend,
Please refer the appointment letter and company HR policy, while giving the appointment letter it is clearly mentioned in the appointment letter that if any employee performance is not up to the standard than notice period for reliving the employee either side will be 15 days/30 days. So it is better every activities for termination of employee should be in written. her performance, notice period etc.
Serve the notice period and give specific time period to improve her performance if not improve terminate her with providing sufficient time.

If you have any options left to improve her and yet no results, I think you have to terminate her. In this case, if she is a workman under the ID Act, in such case the process can be tedious but necessary, if not in this case the termination will be governed by the terms of her appointment letter and the certified standing orders (if any) of your company.

Dear Friend,
You can choose to opt for PIP (Performance Improvement Plan). PIP is a formal structured plan where in objectives are set for a particular time frame and communicated to the employee. Failing to achieve the same, an employee can be terminated. Of course, it will have to be introduced as a policy and worked accordingly. You would get a lot of detailed information about the same on the net.
Regards,
Pooja

Dear Seniors,
Thank you all for your prompt replies.
We are an industry, but she does not fall under ID Act. Hence, as we have already issued warning letters to her, it will not be difficult for us to terminate her services.
Further, I will request her to resign, as giving a termination letter may be a problem for her to get jobs in future.
While giving last increments, we issued a letter stating Revised Company Rules for the old staff, which also included below points -
QUOTE -
The company shall be entitled to terminate your employment by giving one month’s notice, if you become incapable, in the opinion of the Company, to efficiently and properly carry out the duties allotted to you, whatsoever may be the reason of such incapability.
You will be required to give a minimum One month’s clear notice, if you wish to leave the organisation.
UNQUOTE -
Thanks once again.
Regards,

Let us first consider what legal action the employee can take against the management in case she is terminated. She may move the labor court and plead for being reinstated etc. She may even file a case of attrocity being a female , and if she belongs to SC / ST or OBC category she may even appeal to human rights organization or file a case against discrimination.

How to obtain her resignation : Clearly she is a middle aged woman having grown up children. If their age is employable ... we could think of giving an intense employability skills training and helping them to enter the workforce so that they can contribute to the family income. This will ease out the load on the female employee and she would be more amenable to the suggestion of taking up a different career elsewhere.

Another alternative is to make her take the strengths finder 2.0 survey by Gallup. This will clearly bringout the real strength of the employee in context. This report should be discussed with her confidentially with the objective to find the ways she can improve by first recognizing her strength and second getting opportunity to operate from her strength areas. This is a sure shot way of changing her behaviour patterns for the better. Being a matured woman she'd be aware of her responsibilities ... there is a strong possibility that in her current or previous assignments no thought was given to utilizing her asset strengths in a mutually beneficial manner.Asking for her termination is actually like hiding the managements inability to recognize and utilize talent. It seems that there has been no effort to match her talent / strength with the roles that were / are being assigned to her. The way she reacts to this callous treatment is only a facade of a deep rooted anxiety and also angst in the employee concerned.

To terminate is very easy. But HR will get more credit if such lapses and stereotype thinking is challenged and prevented at all costs.

Today, there is a dearth IR skills in the HR fraternity. The incident at Manesar plant of Maruti Udyog Ltd. is an example for this.

Dear Mr. Prakash,
Thanks for your reply.
We have tried all possible levels to improve her by changing her job profile. The basic problem is that she does not want to work, and do only time pass. For example, if you give her a simple statement to be type in excel sheet, she would support her head with one hand and type with another hand. This demoralizes other staff around.
I have spoken to her lovingly one to one. Sometimes, i have tried shouting at her, but no improvement. What I have observed is that she is too stubborn.
Further, she does not belong to any caste category.
Today, i have spoken to her and have told her to hunt for another job within a month of notice period, which is mentioned in her appointment letter and to go peacefully, and If not, we have to issue termination letter, which will hamper your carrier. To this she told me, "give me some time to think and will get back to you by tomorrow".
Regards,