Need Clarification Regarding Termination Of Employee

Hi All,

We have appointed the employee in March 2016, and now we want to terminate this employee due to lower performance. Please share your input on whether I need to serve a one-month notice period and also provide one month's salary without work.

Regards,
Akhil

Follow the termination procedure as per the appointment order. Have you given a chance to improve through counseling and documenting cases of poor performance? Give notice as per the appointment order and terminate employment.

Dear Akhil,

Please arrange to conduct a domestic inquiry when the reason for termination is "Low/Poor Performance," as per the Hon'ble Supreme Court.

""Pl arrange to conduct domestic enquiry when reason of termination is "Low/ Poor Performance" as per Hon’ble Supreme Court.""
Respected Sir,
Could you kindly quote case reference of this nature for information??

Please find below details as desired:

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 4220 OF 2015
(Arising Out of SLP (C) No. 31909 of 2013)
K.S. RAVINDRAN (APPELLANT)
VERSUS
BRANCH MANAGER, NEW INDIA ASSURANCE CO. LTD. (RESPONDENT)

Hi,

If we want to terminate any employee based on poor performance, we can do so by reviewing the performance against standing orders/appointment order. However, before taking any action, it is essential to provide notice and an opportunity for the employee to improve their performance.

It is recommended to initially offer employment to the candidate as a trainee, especially if they are a fresher. This allows for a period of observation for six months, during which time termination can occur if performance remains poor.

Regards,
PGR

Hi all,

Our company has been facing financial crises for the last year. Please tell me if the company can terminate its employees due to financial crises, and if so, what is the procedure? Please reply urgently.

Thanks in advance.

Dear Akhil,

The procedure is known as retrenchment instead of termination. Please go ahead, keeping the provisions of the Industrial Dispute Act in mind. Ensure that you adhere to the FILO principle.