Dear Seniors,
Can anyone please tell me the procedure that a company should follow while terminating an employee under full-time employment, as the reason for the termination is non-performance? What legal documentation is necessary for the same?
Thanks,
Aarti Khanna
From India, New Delhi
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1Can anyone please tell me the procedure that a company should follow while terminating an employee under full-time employment, as the reason for the termination is non-performance? What legal documentation is necessary for the same?
Thanks,
Aarti Khanna
From India, New Delhi
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Dear,
Terminating an employee is a very lengthy procedure. There are a lot of misconducts on the basis of which one can be terminated, and non-performance is also one of the misconducts. All these misconducts are defined in the standing orders of the company. If you do not have certified standing orders of the company, please read the model standing orders, and then you will gain a lot of knowledge regarding the terms and conditions of appointment.
Regarding termination - issue a show cause, ask for an explanation, if not satisfied, conduct a domestic inquiry, then only terminate. One thing to remember is to follow the principles of natural justice.
Thank you.
J.S. Malik
From India, Delhi
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Terminating an employee is a very lengthy procedure. There are a lot of misconducts on the basis of which one can be terminated, and non-performance is also one of the misconducts. All these misconducts are defined in the standing orders of the company. If you do not have certified standing orders of the company, please read the model standing orders, and then you will gain a lot of knowledge regarding the terms and conditions of appointment.
Regarding termination - issue a show cause, ask for an explanation, if not satisfied, conduct a domestic inquiry, then only terminate. One thing to remember is to follow the principles of natural justice.
Thank you.
J.S. Malik
From India, Delhi
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf