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Shakila
3

Hi,
I am working for a Magazine company and want to terminate an employee who is working for Last 2.5 years.
In our letter of confirmation there is a paragraph wherein 1 months notice on either side is applicable in the event of non continuity of services.
Please help me if i can terminate him or not he is causing too many problems.
regards
shakila :?:

From India, Mumbai
RadhiCh
Hi,
I think before going for termination, you need to warn him regarding the problems he is creating. And mention clearly that he is going to be terminated if he doesnt change his attitude. That makes your job easy when giving notice to him for termination.
Regards,
Radhi

From India, Hyderabad
Shakila
3

Radhi,
I have already issued him termination letter on contract he send us a registry letter giving explaining his side. In the letter he used some offensive words.
And further this is the first case of such kind in our organization. If we allow this person just go ahead with this it will create more unrest in our organization.
Please advice

From India, Mumbai
r.vijey
7

HI,
Have you given him enough warning on the subject based on which you want to fire him. You also need to pay him a months salary if you are not firing him on disciplinary or Non performance grounds again for which you should be able to produce relevant documents. Discuss with your Management if you find anything fishy.
Regards
Vijayakumar

From India, Coimbatore
pradiptadatta
3

Why you are going to terminate the employee and what ground you want to severed him is not clear. There are lot of legal implications of termination. Before termination you have to establish charges thro the process of domestic enquiry proceedings.
In my opinion ask him to resign on personal ground and relieve him quickly.
Else; discuss with your legal advisor.
Regards,

From India
Ryan
89

Hi
What Pradipta has advised is the correct process viz.
1) issue of show cause notice
2) evaluating his response
3) Appointing neutral arbitor
4) holding domestic enquiry.
5) suspending employee
6) ensuring salary appropriate with suspension rules.
Based on following this process (which can take 1 month to longer), you can terminate the employee. It is a long drawn costly affair. Hence, as someone suggested, ask him to resign on personal grounds, complete his settlement on the same day and let him go. It is less time consuming.
You mentioned that you have a lot of documentation based on which you can terminate this employee. Please take a proper legal opinion before you issue your show cause or termination notice.
Regards
Ryan

From India, Mumbai
Anuraadhaa
22

Hi
I agree with Pradiptadatta suggestion!!
If you find any employee non-cooperative or has done anything which goes against the law and Org rule book. Ask them to resign on personal grounds.
I follow this in my Org.
Regards
Anuradha

From India, Pune
khare ankita
hi ,
i know this is a big issue for u . u cant send any employe out of the organization like this .it will be a problem for u . so try to find out his week point then take the decision . tht will help u out . to know teh person .
and plz talk to any management person regarding this .
ankita


Abhishek Arun
1

Beware
Before even thinking of terminating a unionised workman.
Tell you if you are not a experienced person , please do not try it to fulfill ur personal grutce or ego. coz there are chances that ull fall in trouble n even full ur organisation into it.
Even though if it unbearable consult a professional lawyer,issue him notice, conduct domestic enquiry, chargesheet him and there are various other thinghs that need to be taken care of coz ther ae every chances that if you are not an experience head you may leave some loop hole
and as all of us know that our labour laws are very employee freindly

From India, Chicalim
DS
3

Hey guys,
I also agree with pradidtadatta's suggestion.
Try avoiding termination. It has got a lot of legal implications. Make him resign on his personal grounds. And get the PF withdrawl form signed as early as possible.
Just to share with you guys:
In one of my previous organizations - if any employee, who is active in union, created problems, Management used to transfer him to some other place in the country. This can be practiced only if there is transfer clause in the appt. letter, which normally is a practice nowadays.
So automatically the employee resigns or stops his mischeifs.
This might be useful.
Regards
Dheeraj

From Singapore, Singapore
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