Termination - Employee Termination

Hello,
Can an employee be terminated with an immediate effect due to his non performance without providing him a prior notice.
With regards,
Sangeetha

Please let the forum know whether the employee is under probation period or confirmed employee, also let us know the termination clause to give you appropriate view

Termination during probation period, due to non-performance is quite easy. No prior notice need to be served. But after confirmation,
notice period, as stipulated in relevant clause in the Appointment letter, need to be served.
However, keeping in view of principle of natural justice, an employee should be given sufficient opportunities to prove himself
in the job. That is why, companies are fixing period of probation.
By all means, employee on probation should not be terminated, for non-performance. Give warnings and
issue memos.If required, extend his probation perriod.
Termination should be viewed as a last resort.
Thanks.
R K Nair

When the employee is on probation, the management can terminate the employee on the basis of unsatisfactory work performance.
Normally the management will recruit any employee for minimum performance of nature of duties relevant to their post. If it is lacking, they will give one or two months time to improve performance. Then only they will take last step of termination.
For any employer, employees are required to do the work, That is why they will hire people. Like that if any person performs poor work, it is their prerogative right to sack such person. Otherwise all will do the poor work only, the co. will suffer.

Dear Sangeetha

Your doubt needs some basic clarification.

a. Nature & type of employment offered to the employee : (Nature - Temporary, Probation, Permanent, Contract etc.

(Type - Managerial, Non-covenanted cadre etc) basically to find if there is a Master-Servant relationship exists ?

b. Any Certified Standing Order is in force in your Establishment or any manner of Discipline is in force or not in your firm?

c. Any valid Terms & condition - Contract for employment or Contract Of employment ?

d. The State where the employee is working ?

Answer to your doubt:

i. As a matter of observing the Principle of Natural Justice, you should observe a Notice to the concerned employee and

give an opportunity to him to prove his innocence; if the Terms of Employment permits, a domestic Enquiry can be conducted

ii. If a Notice period for termination is recorded in the Appointment Order, you have to observe this provision with proper grounds.

iii. It is upto you to terminate an employee without Notice, provided the Terms of appointment of the concerned employee, the Code of Conduct or Certified Standing Orders as the case may be is supporting your decision and over & above the custom and practice prevailing in your firm also should support you for the termination proceedings.

Any doubts can be clarified if required.

with regards,

Jagdish.K

Kochi

9947662384

[Login to view]

Dear All,

First of in our HR study, we learn that, we try to avoid the termination as much as we can, because, as we are in to human resource, we need to care about the manpower & think about their development.

When we talk about Nature of justice, so, we should given an apportunity to each one irrespective whether he is on probation or confirm (Even the base of our indian laws is the same).



Secondly, in case of unsatifactory performance, there is corporate process that, which HR professional use to follow, that, he issue him the letter about the intimation of the same & the basis of his appraisal, HR professional identify the reason of unsatifactory performance & plan for training & development calendar accordingly if need instead of terminate anyone..

Third, Lets think in term of legal ways, if still terminate any unsatifsactory performance employee, it is very dificult to proove the same in the court that he is below performance, as process of appraisal can be challege in the court, because, most of process of appraisal followed by compnies are one sided, means, many time, his superior only decide,whether his performance is good or bad, except 360% theory.

Dear All,
Termination should be the last option, whether an employee is on probation or not.In HR practice we have PIP ( the performance improvement plan), where employee weakness and areas of non performance are identified.The employee is given targets to achieve within a specified period at most 6 months (this can be during the extension of probation period) the targets are what was not achieved.The supervisor and the employee should identify the weakness areas and sign the PIP. Support in terms of coaching, training should be given to encourage performance.Where improvement is not seen and there is sufficient prove for no improvement , terminating may be applied with fair hearing.
Please read more on Performance Improvement Plans.

Pretty good post. I just stumbled upon your blog and wanted to say that I have really enjoyed reading your posts. Any way I’ll be subscribing to your feed and I hope you post again soon

It is not a good precedent to terminate the employee on performance grounds, actually the employee should be trained in the job specified and should be helped again and again to attain perfection. However the general rule says that during probation period the employee can be sent with 24 hours notice, after confirmation the employee has to be given notice period as specified by the appointment letter.

Dear Sangeetha,
As per your query is concern let me tel you that, Termination is one of the major section or Part of the Industrial Employment Standing Order Act & Industrial dispute Act where it states the certain rules and regulations which specifies if any employee during his or her probation period found misconduct, discharge or retrenchment, the employer has every right to terminate the employee without any notice at any point of time. Where inadequate performance of work also applicable. But prior to that a employer require to give the employee a "hearing" and ask explanation for it. However, if the employer found a genuine reason for the non performance he may cancel his termination or may give him one more chance.