I am an HR Executive in a steel manufacturing company. Our management has decided to terminate a manager from our team, and as a result, we need to provide one month's notice to the employee. Could someone please send me the format for the notice period? This would be greatly helpful to me as I am not familiar with it.
Regards,
Nasrudeen S.
From India, Madras
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1Regards,
Nasrudeen S.
From India, Madras
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Termination Process and Employee Communication
Termination is not that easy. You have to build a file, communicate properly with the employee about their mistakes, non-performance, or indiscipline, and try to help them correct themselves. If they do not improve, then only can you terminate their services.
If your company has decided to let them go by paying one month's notice, why not call them, inform them of the decision, explain the consequences, and finally let them know that the company is ready to pay the one month's notice amount. Ask them to submit their resignation, which could lead to a win-win situation. Try this approach to avoid any related issues.
Regards,
Kamesh
From India, Hyderabad
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Termination is not that easy. You have to build a file, communicate properly with the employee about their mistakes, non-performance, or indiscipline, and try to help them correct themselves. If they do not improve, then only can you terminate their services.
If your company has decided to let them go by paying one month's notice, why not call them, inform them of the decision, explain the consequences, and finally let them know that the company is ready to pay the one month's notice amount. Ask them to submit their resignation, which could lead to a win-win situation. Try this approach to avoid any related issues.
Regards,
Kamesh
From India, Hyderabad
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As Mr. Kamesh said, you should create a proper file and mention all the mistakes committed by him. In that file, you may mention the disciplinary actions clause-wise and against the organization. It would be better to call him and explain. Once he comes to know about this situation, he may choose to resign before the company terminates him.
Regards,
Silva
From India, Delhi
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Regards,
Silva
From India, Delhi
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Resignation vs. Termination
It is always advised to ask for resignation first. It is better for both parties. If the employee is not willing to resign and asks for a termination letter, then you have to be extra careful when drafting such letters.
From India, New Delhi
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It is always advised to ask for resignation first. It is better for both parties. If the employee is not willing to resign and asks for a termination letter, then you have to be extra careful when drafting such letters.
From India, New Delhi
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Clarifying Termination Reasons
The reason for termination is not always clear. Termination is not always due to disciplinary action but can also be a part of company policy, such as termination or superannuation after reaching a certain age. Therefore, if the reason is clear, a termination letter can be drafted.
From India, Delhi
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The reason for termination is not always clear. Termination is not always due to disciplinary action but can also be a part of company policy, such as termination or superannuation after reaching a certain age. Therefore, if the reason is clear, a termination letter can be drafted.
From India, Delhi
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Thank you for your valuable suggestions regarding my discussion. The management has already made a strong decision to terminate him, so we are now at the point of termination. I cannot oppose the management's decision, so I have to agree. The reason for termination is low performance. Please send some formats.
Regards,
Nasrudeen
From India, Madras
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Regards,
Nasrudeen
From India, Madras
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Termination is part of HR work, and a termination notice can be served in terms of the employment letter (all employment letters contain this clause). In case the reason for termination is performance, it is advisable to have documentary proof of the same as the employee may seek legal recourse. It is advisable to inform the employee of impending termination as he may submit his resignation.
Regards,
Col. Rathi
From India, Delhi
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Regards,
Col. Rathi
From India, Delhi
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If any company decides to terminate an employee, there should be a strong reason for the decision. A show-cause notice is required to be issued 1-2 months in advance, depending on the company policy, stating the reason for the termination. Following the date of the show-cause notice, the employee may be terminated. However, the employee has the right to defend themselves if not found guilty.
From India, Mumbai
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From India, Mumbai
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Is there any reference about termination on account of low performance in the appointment letter, agreement, or manager's manual? If this clause is accepted by the manager, you can issue him a termination letter under it.
From India, Pune
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From India, Pune
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Notice periods are invariably spelled out in the appointment letter. In addition, provisions and circumstances under which services may or will be terminated are also part of the appointment letter. If these are not included in the standard appointment letter, it is advisable to add them to prevent potential litigation.
If poor performance is included in the termination clause (which it should be), and sufficient notice has been given or the employee has been adequately cautioned to improve performance, then there is no reason why services cannot be terminated for this reason. The employee is then free to seek redress in any form they deem fit.
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Col. Rathi
From India, Delhi
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If poor performance is included in the termination clause (which it should be), and sufficient notice has been given or the employee has been adequately cautioned to improve performance, then there is no reason why services cannot be terminated for this reason. The employee is then free to seek redress in any form they deem fit.
Regards,
Col. Rathi
From India, Delhi
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As many have pointed out, issuing a letter of termination is easy, whereas making it successful is quite difficult. Unless you have a very strong file and have adhered to every procedure, you can't escape a legal battle and win over it. Many times, failure in careful planning and executing termination has resulted in reinstatement with back wages when the victim seeks legal recourse. Still, obtaining a resignation is a better option to get rid of an unwanted employee. If you still want it, I can guide you through to the extent possible, yet it's a thankless job.
Regards,
Kumar S.
From India, Bangalore
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Regards,
Kumar S.
From India, Bangalore
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General Guidelines for Termination Letters
Faults can be many, which have caused his termination decision. But remember that in the letter of termination, you need to be very general. Connect it to performance. Don't write anything that can't be easily proven. Then it also depends on the service rules that you have.
Regards,
Asif
From Pakistan, Islamabad
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Faults can be many, which have caused his termination decision. But remember that in the letter of termination, you need to be very general. Connect it to performance. Don't write anything that can't be easily proven. Then it also depends on the service rules that you have.
Regards,
Asif
From Pakistan, Islamabad
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Legal Implications of Termination
First and foremost, and very importantly, please examine and appreciate the possible legal implications of your management's decision to terminate the services of one of your Managers. I am sure you have a Legal Advisor. Please consult them before initiating such drastic action.
If it is the final decision of your management to actually terminate the concerned Manager's services, you just have to state in the Termination Letter that on account of their overall unsatisfactory performance (or whatever reasons you have), the management has decided to terminate their services with immediate effect in accordance with the terms of their appointment.
Ensure that they are paid a salary in lieu of notice at the time of settling their dues in full and final. There is no point in letting someone serve out their notice period when it has been decided to terminate their services. That would be quite inappropriate.
Handling the Termination Process
My advice to you would be to talk to the concerned Manager, explain the decision of the management, and get them to submit their resignation. In the acceptance letter, you could state that their resignation has been accepted with immediate effect and that the management will pay them a salary of one month in lieu of the prescribed notice period. This would be the most satisfactory way of handling the issue.
For any further advice on the matter, please call me on my mobile: [Phone Number Removed For Privacy Reasons] or write to me at [Email Removed For Privacy Reasons].
Best Wishes,
Vasant Nair
From India, Mumbai
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First and foremost, and very importantly, please examine and appreciate the possible legal implications of your management's decision to terminate the services of one of your Managers. I am sure you have a Legal Advisor. Please consult them before initiating such drastic action.
If it is the final decision of your management to actually terminate the concerned Manager's services, you just have to state in the Termination Letter that on account of their overall unsatisfactory performance (or whatever reasons you have), the management has decided to terminate their services with immediate effect in accordance with the terms of their appointment.
Ensure that they are paid a salary in lieu of notice at the time of settling their dues in full and final. There is no point in letting someone serve out their notice period when it has been decided to terminate their services. That would be quite inappropriate.
Handling the Termination Process
My advice to you would be to talk to the concerned Manager, explain the decision of the management, and get them to submit their resignation. In the acceptance letter, you could state that their resignation has been accepted with immediate effect and that the management will pay them a salary of one month in lieu of the prescribed notice period. This would be the most satisfactory way of handling the issue.
For any further advice on the matter, please call me on my mobile: [Phone Number Removed For Privacy Reasons] or write to me at [Email Removed For Privacy Reasons].
Best Wishes,
Vasant Nair
From India, Mumbai
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Hi, as a few of them mentioned, it's not that easy to terminate an employee. Please share the reason for termination, which is very important. It's always better to ask the employee to submit their resignation and relieve them as a 'normal resignee'. If you use the word "Termination," you may have to face a lot of other consequences if they decide to go to the labor court.
From India, Bangalore
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From India, Bangalore
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How to Give Notice to the Employee Before Termination
As an executive, it is quite common to find yourself in a situation like yours. I have personally faced such circumstances before. As an HR professional, I believe it is crucial to understand the reasons for termination. You should have a clear understanding of the reasons for the employee's termination and its impact on the organization, including aspects like their replacement, the abilities of their subordinates to handle tasks independently, etc.
After assessing the facts, HR is expected to provide recommendations to management if termination is deemed the only viable solution. If so, terminating a permanent employee is not as straightforward as it may seem, as it must comply with the labor laws of the country. An aggrieved permanent staff member can take legal action against the company. However, if termination is necessary, the employee's performance within the organization must be thoroughly evaluated. Their past performance appraisals should be reviewed, and all evidence supporting their poor performance should be gathered.
Please also investigate whether the previous HR personnel issued any warning letters to the employee. If so, your task becomes more straightforward. If all indications point towards the need for termination, a clear conversation with the employee is essential. Provide them with a termination letter clearly stating that they have been previously warned (mention dates) and referencing the relevant clauses in the employment contract.
Regards,
Blissful HR
From Nepal
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As an executive, it is quite common to find yourself in a situation like yours. I have personally faced such circumstances before. As an HR professional, I believe it is crucial to understand the reasons for termination. You should have a clear understanding of the reasons for the employee's termination and its impact on the organization, including aspects like their replacement, the abilities of their subordinates to handle tasks independently, etc.
After assessing the facts, HR is expected to provide recommendations to management if termination is deemed the only viable solution. If so, terminating a permanent employee is not as straightforward as it may seem, as it must comply with the labor laws of the country. An aggrieved permanent staff member can take legal action against the company. However, if termination is necessary, the employee's performance within the organization must be thoroughly evaluated. Their past performance appraisals should be reviewed, and all evidence supporting their poor performance should be gathered.
Please also investigate whether the previous HR personnel issued any warning letters to the employee. If so, your task becomes more straightforward. If all indications point towards the need for termination, a clear conversation with the employee is essential. Provide them with a termination letter clearly stating that they have been previously warned (mention dates) and referencing the relevant clauses in the employment contract.
Regards,
Blissful HR
From Nepal
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Legal Notice for Breach of Notice Period .docx