I think that depend on Company Mercy. Management need to deiced to allow notice period or Not.
Non Performance is not a immediate situation, its required time to generate. matter is seniors are how much serious about performance. he is equally responsible for his performance.
From India, Delhi
Non Performance is not a immediate situation, its required time to generate. matter is seniors are how much serious about performance. he is equally responsible for his performance.
From India, Delhi
Dear All,
I have read the various posts on this issue of terminating the services of an employee for non-performance.
In my opinion there's a huge confusion that has been generated on this simple matter "whether one month's wages is to be paid to the employee or not".
The appointment letter always has an exit clause metioned in it, be it resignation or termination of the services of an employee. In either case, notice or salary/wages in lieu of such notice is to be given by one party to the other.
In the present case it is very simple...act according to what is mentioned in the Appointment Letter.
In all likelihood, there should be a one month notice clause contained in the Appointment Letter and if so, then my dear friend, your Company is obliged to pay to the concerned employee one month's salry/wages as part of his/her full and final settlement.
Trust the matter is clear now.
Best Wishes,
Vasant Nair
From India, Mumbai
90I have read the various posts on this issue of terminating the services of an employee for non-performance.
In my opinion there's a huge confusion that has been generated on this simple matter "whether one month's wages is to be paid to the employee or not".
The appointment letter always has an exit clause metioned in it, be it resignation or termination of the services of an employee. In either case, notice or salary/wages in lieu of such notice is to be given by one party to the other.
In the present case it is very simple...act according to what is mentioned in the Appointment Letter.
In all likelihood, there should be a one month notice clause contained in the Appointment Letter and if so, then my dear friend, your Company is obliged to pay to the concerned employee one month's salry/wages as part of his/her full and final settlement.
Trust the matter is clear now.
Best Wishes,
Vasant Nair
From India, Mumbai
Dear Vasanth Nair & M/s.Aarthi Kanna,
Appoinment order will not hold good when this termination was fought as a case with trade unions, labour commissioner & labour court. Hence better not to go asper appointment order. Better to go asper law (ID act & standing order).
In any case it is better to pay notice pay or more than notice pay & support the employee till he finds some job & settles down. Keeping employee in your control is very important though you dont need him anymore.
Devarajan.N.R
From India, Madras
Appoinment order will not hold good when this termination was fought as a case with trade unions, labour commissioner & labour court. Hence better not to go asper appointment order. Better to go asper law (ID act & standing order).
In any case it is better to pay notice pay or more than notice pay & support the employee till he finds some job & settles down. Keeping employee in your control is very important though you dont need him anymore.
Devarajan.N.R
From India, Madras
Termination Notice
During the period of probation and after confirmation the services may be brought to an end by either side giving one month notice to the other or pay one-month salary in lieu of notice. This is not applicable in case of discipline, attendance, non- performance or any other disobeys from the company rules.
this is the termination clause mentioned in our app/confirmation letters. then i think Salary giving is not applicable.
From India, New Delhi
During the period of probation and after confirmation the services may be brought to an end by either side giving one month notice to the other or pay one-month salary in lieu of notice. This is not applicable in case of discipline, attendance, non- performance or any other disobeys from the company rules.
this is the termination clause mentioned in our app/confirmation letters. then i think Salary giving is not applicable.
From India, New Delhi
Dear Aarti,
I don't know what you are presuming about termination on account of discipline, attendance, non- performance or disobeyance. But, if you think that your organisation can terminate the employee with one stroke by merely issuing of the termination letter without observing due formalities required in disciplinary proceedings, I am afraid, your presumption is not correct, as the very next day the employee will go to the court and prove his termination to be wrong and would come over the head of the management, as a more indisciplined employee to become headache for the management as well as other colleagues and would spread indiscipline amongst other employees also.
So, even in the cases of discipline, attendance, non- performance and disobeyance, you may also have to give him opportunity to defend against the charge by serving him with notice/ charge sheet and to prove the charge against him before his termination.
SO, PLEASE DON'T FORGET TO TAKE ADEQUATE PRECAUTIONS BEFORE TERMINATING ANY CONFIRMED EMPLOYEE. Rest depends upon you how you would like to take my advice.
From India, Delhi
I don't know what you are presuming about termination on account of discipline, attendance, non- performance or disobeyance. But, if you think that your organisation can terminate the employee with one stroke by merely issuing of the termination letter without observing due formalities required in disciplinary proceedings, I am afraid, your presumption is not correct, as the very next day the employee will go to the court and prove his termination to be wrong and would come over the head of the management, as a more indisciplined employee to become headache for the management as well as other colleagues and would spread indiscipline amongst other employees also.
So, even in the cases of discipline, attendance, non- performance and disobeyance, you may also have to give him opportunity to defend against the charge by serving him with notice/ charge sheet and to prove the charge against him before his termination.
SO, PLEASE DON'T FORGET TO TAKE ADEQUATE PRECAUTIONS BEFORE TERMINATING ANY CONFIRMED EMPLOYEE. Rest depends upon you how you would like to take my advice.
From India, Delhi
Hi arti,
In your case please see your appointment letter, does it contain a clause regarding your and that of the companies' obligation a the time of dispensing with the service? if not, does your letter specify that your service is terminated for lack of proper performance,if so, it amounts to charging you for inefficiency for which they should give you proper opportunity to explain your conduct/ situation. If that is not done your termination of service is illegal. If you are not in the probation period, you ought to have from the employer pay for the notice period in lieu of the notice.
From India, Delhi
In your case please see your appointment letter, does it contain a clause regarding your and that of the companies' obligation a the time of dispensing with the service? if not, does your letter specify that your service is terminated for lack of proper performance,if so, it amounts to charging you for inefficiency for which they should give you proper opportunity to explain your conduct/ situation. If that is not done your termination of service is illegal. If you are not in the probation period, you ought to have from the employer pay for the notice period in lieu of the notice.
From India, Delhi
Aarthi, You need to be appraised in detail. Pls give a call to my mobile 9841822629 or our office landline 044-27168024 extn 612 & ask for Devarajan... Deva
From India, Madras
From India, Madras
This is for imformation of all that there is no provision for termination or any procedure laid down for the same under the Factories Act.
Also, it is relevant to state that there cannot and should not be any conflict with regard to terms and conditions of employment stipulated in the Company's Standing Orders and those mentioned in the Appointment Letter.
Well, as Mr. Dhingra has very correctly summed up that while termianting an employee's servies all relavant safeguards MUST be considered before implementing such decisions to avoid legal complications and resulting grief at a later stage.
Vasant Nair
From India, Mumbai
Also, it is relevant to state that there cannot and should not be any conflict with regard to terms and conditions of employment stipulated in the Company's Standing Orders and those mentioned in the Appointment Letter.
Well, as Mr. Dhingra has very correctly summed up that while termianting an employee's servies all relavant safeguards MUST be considered before implementing such decisions to avoid legal complications and resulting grief at a later stage.
Vasant Nair
From India, Mumbai
Dear Mr.Vasanth Nair, Factories act & standing order are for day to day running of any company. For termination one need to do asper "Industrial disputes act". — Deva
From India, Madras
From India, Madras
Dear Devjani,
ID Act does not lay down any process/procedure for termination of an employee.
It is the Company's Standing Orders which outlines the entire process of employee separation.
It is an Industrial Dispute that attracts the provsions of the ID Act.
Anyway, thanks for educating me!!!
Cheers!!!
Vasant Nair
From India, Mumbai
ID Act does not lay down any process/procedure for termination of an employee.
It is the Company's Standing Orders which outlines the entire process of employee separation.
It is an Industrial Dispute that attracts the provsions of the ID Act.
Anyway, thanks for educating me!!!
Cheers!!!
Vasant Nair
From India, Mumbai
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