Struggling with Non-Performance and Union Activity: How to Navigate Labor Laws for Termination?

Request for Guidance on Labor Law for Non-Performance

Please help me by letting me know the labor law section applicable to a medical representative who is very active in union activities but has not achieved even 50% of his target since April 2016. Despite continuous efforts on my part to address this issue through warning letters and reminders, there has been no improvement in his performance. If termination is necessary, what would be the correct procedure according to labor laws for addressing non-performance? I have documented all his performance issues and have consistently communicated with him via email each month, yet there has been no enhancement in his sales performance.

Please assist me with this matter.

Regards,
[Username]

Procedure for Termination Due to Poor Performance

If you can prove that he is performing poorly or his performance is below the average performance of other employees, and sufficient warnings or suggestions have been given to him, and opportunities were provided to him to improve his performance, yet he has not been able to improve, in that case, you can issue a charge sheet, initiate a domestic inquiry, and terminate his service. Please note that you should have irrefutable documents to prove his unsatisfactory performance.

Apart from the advice given by our learned friend Mr. Ritesh Maity, I feel compelled to offer one more piece of advice. Your actions need to have the approval of your management. I am emphasizing that a union office bearer and activist can be held accountable, provided that in your initiative, everyone, right from you, the HOD, and the top management, should be on a common platform and support the action regardless of the potential outcome or reaction before taking any steps against him. Your management team may suggest shifting him to another department/location, to which he may or may not agree. Ultimately, initiating disciplinary action should be well-thought-out and approved/supported by top management. Otherwise, any steps taken that are later reversed for any reason would be seen as immature, reflecting poorly on the management. When reactions escalate, it can cause serious damage to managing functions and business operations, leading to more operational difficulties at times.

Regards, RDS Yadav