Facing Termination for the First Time: How Do I Navigate the Process?

Dear All,

Please let me know the process of termination. It's the first time I have come across this situation in my company.

Please guide me in processing the same.

Regards,

Srilatha

Dear Srilatha,

Let us know why this termination is for. Is it for the sake of absconding or for indiscipline? In general, you need to give a chance for any employee to show what the reason was. Based on that, and also whether he comes back to you or not, you need to issue a termination memo. Hope this information is of some use to you.

Regards,
Amith R.

Termination normally involves violations of the principle of natural justice and hence is open to legal scrutiny. Refer to the Industrial Disputes Act and keep a paper trail handy to support such a measure.

Surya

Thank you Amith & Surya,

Friends, the reason for terminating our associate is due to a lack of performance in terms of assignments and other weekly tasks. It has been 7 months since he started working in our company. His training period was delayed by 1 month due to improper assessment from his supervisor. We have tried moving him to another project so that he could potentially improve with different people around, but unfortunately, the same performance issues persisted according to his immediate supervisor in the new project.

We have been compelled to make the decision to terminate his employment. As Surya suggested, we have concrete evidence regarding his poor performance on assignments. Despite giving him a 15-day observation period, there was no noticeable improvement.

As an HR professional, how should I proceed with his termination? Should I issue him the relieving letter? Do I need to pay him this month's salary? Is it necessary to collect the appointment letters issued earlier? Please correct me if my intentions are misguided.

Regards,
Srilatha

Hi Lathasri,

I have gone through your letter. Whenever you appoint someone in an organization, they should be given an Appointment Letter/ Offer Letter which clearly states their probationary period and other terms and conditions. If the individual's performance is found to be unsatisfactory during this period, they should be issued a written warning or appraisal letter, specifying their low performance and providing an opportunity to improve their skills within a specified time frame. It is important to obtain their signature on this documentation. If the individual fails to improve their performance within the given time, and there is a recommendation from their department manager in written form, they can be terminated. Without proof of any written warnings, taking action may lead the individual to file a complaint with the labor office. As you mentioned, during the training period, you may have the person acknowledge their inability to perform the work properly, enabling you to terminate their employment as needed. It is advisable to always err on the side of caution before making any decisions.

With regards,
Raman Rajamanickam
Dubai, UAE

Dear Raman,

Thank you so much for your precious time.

Yes, you rightly pointed out about the training and Probation Period in the appointment letter. We do have a copy of the same which is signed by the person. However, it has been 9 months since he started working in the company with no proper output for the experience he holds. I have manual copies of his assignments and the amount of work he has done in the past 15 days. I believe I have sufficient evidence to support the decision of terminating the person.

My problem now is what other formalities I need to complete in processing the termination of that particular associate.

Regards,
Srilatha

Hi Surya,

The hard part is the employee is unproductive even after spending 9 months in the organisation. He should have been let go after the first quarter itself.

Maintain the paper trail, i.e., the entire series of documentation from day one, and relieve him as per the procedure. This will come in handy in court too, to show how you reached this decision and the steps taken to mitigate the issue. Remember, it is not a layoff or retrenchment but rather a clear case of dismissal based on poor performance.

If the concerned employee has good conduct otherwise, you may even give him an option to work in another department at a different salary.

Surya

Thank you, Surya,

We from the management have planned a meeting with him for tomorrow. I will keep you all informed about our agenda for tomorrow.

Regards,
Srilatha

Hi,

If an associate is asked to leave due to poor performance, they must be given an opportunity to resign from their job. You should go ahead and provide them with a resignation acceptance letter on the same day and also issue a relieving and resignation letter after the full and final settlement is processed according to your FFS guidelines.

Regards,
MM