In most organizations, the termination process involves HR working closely with the employee's direct manager. While HR typically manages the procedural aspects of termination, the manager's input and approval are usually sought before a decision is made. The manager's perspective on the employee's performance, behavior, and any relevant issues are considered before finalizing the decision to terminate. This collaborative approach helps ensure fairness and consistency in the termination process. It is crucial for HR and the manager to align on the reasons for termination, whether it's due to gross misconduct, poor performance, or any other grounds.
Legal Perspective
- In India, labor laws such as the Industrial Employment (Standing Orders) Act, 1946, and the Industrial Disputes Act, 1947, outline the procedures and grounds for termination.
- It is essential to follow the legal requirements and company policies when terminating an employee to avoid any legal repercussions.
Practical Steps
1. HR should initiate the termination process based on valid reasons and in compliance with the organization's policies and procedures.
2. HR should consult with the manager to gather relevant information and insights on the employee's performance or conduct issues.
3. The manager's feedback should be carefully considered in the decision-making process, especially when it comes to performance-related terminations.
4. Once HR and the manager agree on the decision to terminate, the necessary documentation should be prepared, including the termination letter and any relevant paperwork.
5. HR should conduct the termination meeting with the employee, clearly stating the reasons for termination and providing any necessary support or information regarding the process.
By involving both HR and the manager in the termination process, organizations can ensure a fair and transparent approach to handling employee separations while also mitigating potential risks associated with wrongful termination.