jidnyasa-nashikkar
3

Dear All, Greetings for the day!

We have a senior employee at our office, he is not performing well. The grade or the level he has is of the director. In spite of having all the authorities, he is unable to use them. He has been given warnings both in written and verbal but still is not performing well. And it has been observed that he backs or covers his team when they are at fault. And in the last meeting itself, the CEO of the company has given him a final warning to improve himself. Now recently, i.e., after the meeting he has not followed the rules and process set by the company. The senior wants to terminate his employment. I need your guidance on the same. Also, our company falls under Shop Act and not in the Factory Act.

PS: the employee has just completed his 1 yr. But is senior (age-wise). He was hired looking at his experience.

Regards,
Jidnyasa

From India, Pune
Madhu.T.K
4239

If he has managerial powers, ie, authority to sanction leave of his subordinates, appraise the performance of his subordinates or initiate disciplinary action against employees, then ask him to resign and go. Normally, there should be a clause which says about termination of contract of employment, say, notice period, and follow that and ask him to go. Very simple.
From India, Kannur
jidnyasa-nashikkar
3

Thank you sir for your guidance. Also please let me know about the severance pay in this case.
From India, Pune
Madhu.T.K
4239

There is no such compensation/ severance pay for employees having managerial authorities. pay him whatever is the notice pay as per appointment order and terminate him. That’s all.
From India, Kannur
jidnyasa-nashikkar
3

Thank you sir for your guidance.
From India, Pune
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