Dear all, Can any one tell me the steps of termination of employee
From India, Rajkot
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1From India, Rajkot
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Dear Zala, The information you sought is a very serious one but with no details at all. It basically starts from the very reason for it as this involves so much of legal aspects.
From United Arab Emirates, Dubai
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From United Arab Emirates, Dubai
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Dear Zala, it dependends on what sort of termination you are talking about is it a voluntary or Involuntary.....is it with cause due to business needs or on disciplinary grounds....
From United Kingdom
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From United Kingdom
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I want only steps of termination.
I know there should be a proper reason for it, like any misconduct, absence without information, and many more mentioned in the standing order.
So, I want the procedures of termination.
From India, Rajkot
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I know there should be a proper reason for it, like any misconduct, absence without information, and many more mentioned in the standing order.
So, I want the procedures of termination.
From India, Rajkot
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Dear Zala,
Of course, your question is still not clear. Termination of someone's employment as a punishment is like a death sentence in a criminal offense, so every step should be taken very cautiously.
For any misconduct, you issue a charge sheet. After receiving a reply to the charge sheet from the individual, proceed with the order of a domestic enquiry, followed by a second show cause after the enquiry. Then, issue the termination letter.
You can search this site for disciplinary proceedings.
Regards,
J. S. Malik
From India, Delhi
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Of course, your question is still not clear. Termination of someone's employment as a punishment is like a death sentence in a criminal offense, so every step should be taken very cautiously.
For any misconduct, you issue a charge sheet. After receiving a reply to the charge sheet from the individual, proceed with the order of a domestic enquiry, followed by a second show cause after the enquiry. Then, issue the termination letter.
You can search this site for disciplinary proceedings.
Regards,
J. S. Malik
From India, Delhi
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Dear Mr. Malik Thank you for giving me guidance. now i understand that is all coming in the disciplinary proceedings. Have u any materials on it ? if any pls attach.
From India, Rajkot
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From India, Rajkot
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Hello,
Please have a look at the article. This is in detail. What I have reported and what they respond? Please advise.
Genetic Infotech Private Limited Complaints - Due/Salary not paid till date
Regards, G.S. Kainth
From India, Delhi
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Please have a look at the article. This is in detail. What I have reported and what they respond? Please advise.
Genetic Infotech Private Limited Complaints - Due/Salary not paid till date
Regards, G.S. Kainth
From India, Delhi
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Dear Friend,
Kindly go through the appointment order where you will find the different clauses of termination. Based on these clauses, issue a show cause notice to the employee within 7 days. The employee must provide a valid reason within this timeframe, upon which a termination letter will be issued.
From India, Mumbai
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Kindly go through the appointment order where you will find the different clauses of termination. Based on these clauses, issue a show cause notice to the employee within 7 days. The employee must provide a valid reason within this timeframe, upon which a termination letter will be issued.
From India, Mumbai
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Dear Zala,
If your company has certified company standing orders, then you can seek guidance on the termination of employees based on misconduct, disciplinary action, factory lockout situations, heavy company losses, etc.
Best Regards,
Sajid Ansari
From India, Delhi
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If your company has certified company standing orders, then you can seek guidance on the termination of employees based on misconduct, disciplinary action, factory lockout situations, heavy company losses, etc.
Best Regards,
Sajid Ansari
From India, Delhi
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Dear Zala,
I have seen your query and also the comments of our seniors.
Regarding your point, we cannot terminate an employee just like that unless we adhere to certain norms.
1. Issue a charge sheet and mention the charges with the clauses mentioned in the certified standing orders of your company. Refer to past discipline cases/warning letters issued to him/her.
2. Take an explanation letter from him/her for the charge sheet issued (within the stipulated time).
3. If he contests the mistake, conduct a domestic enquiry under the principle of natural justice by appointing an enquiry officer with intimation to the Delinquent Employee about the place of enquiry and venue with sufficient time.
4. Give ample opportunity to him/her to defend his/her case and also allow the employees in their department to provide witness statements.
5. After the domestic enquiry is over, send the enquiry officer's report with findings to the Delinquent employee for addressing objections (1st show cause notice).
6. Wait for 10-15 days and then send another 2nd show cause notice.
7. Finally, send the termination letter with all details and also include final dues payments.
In any case, these types of termination cases will be referred to conciliation before the Joint Commissioner of Labour/Deputy Commissioner of Labour, and further, they will be referred to the Industrial Tribunal Labour Court for reinstatement if we cannot prove the charges established by him/her.
Hope the above is sufficient.
Thanks & Regards,
Vadlamani SR
Follow established misconduct procedures after conducting domestic enquiries under the principle of natural justice. Based on the Enquiry Officer's findings, we have to communicate the findings to the Delinquent employee for addressing objections.
From India, Hyderabad
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I have seen your query and also the comments of our seniors.
Regarding your point, we cannot terminate an employee just like that unless we adhere to certain norms.
1. Issue a charge sheet and mention the charges with the clauses mentioned in the certified standing orders of your company. Refer to past discipline cases/warning letters issued to him/her.
2. Take an explanation letter from him/her for the charge sheet issued (within the stipulated time).
3. If he contests the mistake, conduct a domestic enquiry under the principle of natural justice by appointing an enquiry officer with intimation to the Delinquent Employee about the place of enquiry and venue with sufficient time.
4. Give ample opportunity to him/her to defend his/her case and also allow the employees in their department to provide witness statements.
5. After the domestic enquiry is over, send the enquiry officer's report with findings to the Delinquent employee for addressing objections (1st show cause notice).
6. Wait for 10-15 days and then send another 2nd show cause notice.
7. Finally, send the termination letter with all details and also include final dues payments.
In any case, these types of termination cases will be referred to conciliation before the Joint Commissioner of Labour/Deputy Commissioner of Labour, and further, they will be referred to the Industrial Tribunal Labour Court for reinstatement if we cannot prove the charges established by him/her.
Hope the above is sufficient.
Thanks & Regards,
Vadlamani SR
Follow established misconduct procedures after conducting domestic enquiries under the principle of natural justice. Based on the Enquiry Officer's findings, we have to communicate the findings to the Delinquent employee for addressing objections.
From India, Hyderabad
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Dear all,
Can anyone tell me the steps for the termination of an employee?
Dear Zala,
Please follow the steps of a domestic enquiry if there is misconduct reported:
1. Preliminary Enquiry (initial judgment of misconduct)
2. Show Cause
3. Charge Sheet
4. Appoint an Enquiry Officer
5. Enquiry
6. Findings of Enquiry
7. Decision of Management - Termination of Employment
For more information, please refer to the Disciplinary Proceedings for misconduct.
Thanks,
Mohd. Arif Khan
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Can anyone tell me the steps for the termination of an employee?
Dear Zala,
Please follow the steps of a domestic enquiry if there is misconduct reported:
1. Preliminary Enquiry (initial judgment of misconduct)
2. Show Cause
3. Charge Sheet
4. Appoint an Enquiry Officer
5. Enquiry
6. Findings of Enquiry
7. Decision of Management - Termination of Employment
For more information, please refer to the Disciplinary Proceedings for misconduct.
Thanks,
Mohd. Arif Khan
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Hi, are you terminating this employee for serious misconduct or redundancy?
Disciplinary procedure should be as follows:
Hold a performance meeting to address your concerns about the employee's performance. Give the employee prior warning of the time and nature of the meeting, preferably allowing them to bring a representative if they so wish. At the meeting:
(a) Clarify the performance objectives of the employee's job, referring to previous occasions they have been provided with or explained to the employee. These objectives should not be new to the employee.
(b) Discuss the employee's current and past levels of performance, focusing on how and when the employee has failed to meet the identified performance objectives. Identify the gap between the performance required and the performance provided, and seek from the employee any explanation as to why their performance has not reached the required standard.
(c) Develop an action plan of remedial steps to resolve the gap. Agree with the employee on what steps both parties will take (such as training) to improve the performance to meet the required standard. Such steps may include training, mentoring, or changing to more flexible hours of work.
(d) Identify a reasonable time period within which performance must improve to the specified standard. Reasonable time periods are discussed below.
(e) Specify the consequences of failing to meet the required standard. This may be counseling, reprimand, warning, or dismissal, depending on both your disciplinary process and the progression of the performance process.
(f) Give the employee an opportunity to comment on the process. It is not necessary for the employee to agree to the process and the performance criteria, but it is important that an opportunity is provided for them to raise any issues they may have.
(g) Schedule another meeting at the end of the time period to review the performance, again specifying the nature of the meeting and the ability of the employee to bring a representative.
Provide the employee with a written account of what was discussed. Some employers have the employee sign the document to agree that it is a fair and correct record of what was discussed and agreed upon, but it is not necessarily advisable, as it affords the employee an opportunity to protest (see below).
Monitor the employee's performance in the areas identified. Collect all relevant data, both objective and subjective. Note that if an area of performance was not addressed in the initial meeting, you cannot take disciplinary action for any failure in that particular area.
Hold the next performance meeting. If the employee has failed to meet the specified performance criteria, give them an opportunity to provide an explanation for not meeting the specified standard. Take this explanation into consideration, without any pre-judgment, and decide whether the disciplinary action specified will be taken. If this does not result in dismissal, repeat the process.
Redundancy is obviously very different.
From New Zealand, Christchurch
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Disciplinary procedure should be as follows:
Hold a performance meeting to address your concerns about the employee's performance. Give the employee prior warning of the time and nature of the meeting, preferably allowing them to bring a representative if they so wish. At the meeting:
(a) Clarify the performance objectives of the employee's job, referring to previous occasions they have been provided with or explained to the employee. These objectives should not be new to the employee.
(b) Discuss the employee's current and past levels of performance, focusing on how and when the employee has failed to meet the identified performance objectives. Identify the gap between the performance required and the performance provided, and seek from the employee any explanation as to why their performance has not reached the required standard.
(c) Develop an action plan of remedial steps to resolve the gap. Agree with the employee on what steps both parties will take (such as training) to improve the performance to meet the required standard. Such steps may include training, mentoring, or changing to more flexible hours of work.
(d) Identify a reasonable time period within which performance must improve to the specified standard. Reasonable time periods are discussed below.
(e) Specify the consequences of failing to meet the required standard. This may be counseling, reprimand, warning, or dismissal, depending on both your disciplinary process and the progression of the performance process.
(f) Give the employee an opportunity to comment on the process. It is not necessary for the employee to agree to the process and the performance criteria, but it is important that an opportunity is provided for them to raise any issues they may have.
(g) Schedule another meeting at the end of the time period to review the performance, again specifying the nature of the meeting and the ability of the employee to bring a representative.
Provide the employee with a written account of what was discussed. Some employers have the employee sign the document to agree that it is a fair and correct record of what was discussed and agreed upon, but it is not necessarily advisable, as it affords the employee an opportunity to protest (see below).
Monitor the employee's performance in the areas identified. Collect all relevant data, both objective and subjective. Note that if an area of performance was not addressed in the initial meeting, you cannot take disciplinary action for any failure in that particular area.
Hold the next performance meeting. If the employee has failed to meet the specified performance criteria, give them an opportunity to provide an explanation for not meeting the specified standard. Take this explanation into consideration, without any pre-judgment, and decide whether the disciplinary action specified will be taken. If this does not result in dismissal, repeat the process.
Redundancy is obviously very different.
From New Zealand, Christchurch
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Hi Dear,
Conditions and procedures for termination vary from case to case and are governed by the appointment letter and certified standing orders prepared under the Industrial Standing Orders Act of 1946. If necessary, a domestic inquiry is also conducted, and a decision for termination is made.
From India, Gurgaon
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Conditions and procedures for termination vary from case to case and are governed by the appointment letter and certified standing orders prepared under the Industrial Standing Orders Act of 1946. If necessary, a domestic inquiry is also conducted, and a decision for termination is made.
From India, Gurgaon
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Hello,
There was one clause for Termination:
1. If it would be from one side, then 15 days' notice in writing.
2. If from his side, immediate Termination.
Point no. 2 happened. But he said he would do it on a Project basis. I have issued him a letter stating that no dues have been paid for the days worked. I have written to Consumercourt.in but to no avail.
Thanks,
G.S.Kainth
From India, Delhi
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There was one clause for Termination:
1. If it would be from one side, then 15 days' notice in writing.
2. If from his side, immediate Termination.
Point no. 2 happened. But he said he would do it on a Project basis. I have issued him a letter stating that no dues have been paid for the days worked. I have written to Consumercourt.in but to no avail.
Thanks,
G.S.Kainth
From India, Delhi
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Termination from Employment.pdf
TERMINATION OF EMPLOYMENT.doc