aasifkawoosa
Dear Pooja,
After going through the comments of all my friends i would suggest you an other way thats by general councilling and briefing him about hir/er underperformance and try to make him/er realize that company wants to keep him.
Ask a tennure within which s/he promises improvement and put your terms and conditions.
This approach of HRD has transformed weak into performers, as sometimes situations work against people even if they are intelligent and smart.....therefore chance should be given to all.
Mohamad Aasif Kawoosa
Senior Manager
Human Resource Development
NutriHealth Systems (P) Ltd.

From India, Ludhiana
shd_63
Is it possible really to terminate service of employee by notice OR by 30 days pay OR by 90 days pay ? Suppose he doesn't agree than what is the process? Workman who are adamant will not leave the company without going to labour court. Is there any procedure or compensation that you can terminate easily without going to labour court?
Best regards,
Sanjiv

From India, Surat
joshraj
Dear,
if employee shows his willingness to leave organisation on immediate basis & his regisnation in such manner that he / she doesnt wants to continue then employer not liable to pay any notice period. it is completly depends on employee wishes.
if he/she has objection that he is terminating from services then employer need to pay notice period as per appointment letter clause.
Pls make sure all settlement to be cleared on same day or not more than one day.

From India, Mumbai
sethupathy
54

Dear all,
As Joshraj stated , it seems that the organisation has forced the employee to submit his resignation as of his own willing, then there will be no question of notice period pay from the employer.
In other way round, the employee has to pay notice pay...... But however the management will not insist this because of their role in this episode.
S.Sethupathy,
Erode

From India, Coimbatore
pon1965
604

Dear All,
There are many companies in India which ask for the resignation of the employees who are underperforming to go out. Many scrupulous employees put in their papers on the force. Is it not fair to give them 1 month Notice pay? 1 month N.Pay is just a peanut for the company but if they ask an employee to go out without any compensation, what will be the image of the company? What the employee will do if he encounters a jerk? It should be balanced. Rules may say something but humane approach should be there before evicting an employee. If you are encountering such situation, what will be your pulse rate? The outgoing employee may curse your company for unfair treatment meted out to him/her.
Pon

From India, Lucknow
srikanth.kotaru
Pooja
As a HR you tell me if any employee resigns and want the relieving on the same day what you will do, you'll ask him for notice period know so how you'll relieve the same employee if employer insists you. In my opinion iam sure that you have to give 1 month salary or let him work for that 1 month and treat as notice period.
regards
Srikanth
9912222559
hyderabad

From India, Hyderabad
N.RANGARAJAN
If you are very particular in relieving the employee on the same day pay one month notice pay and relieve.Again notice pay here means Basic and D.A only and not the Gross Salary.But this is applicable if the appointment order is issued with the term notice pay mentioning one month on either side.
Thanks
N.RANGARAJAN
Vice President HR

From India, Madras
N.RANGARAJAN
If you are very particular to relieve the employee on the same day pay one month Notice Pay and relieve on the same day.Again Notice pay here means it includes Basic and D.A only and not the Gross salary.But this is applicable only when the appointment order is issued with the term of Notice pay as one month Notice Pay on either side
N.RANGARAJAN.MA.BL
Vice President-HR

From India, Madras
Nukani
Thank you every one for your comments and suggestion.
If employee is already counselled before a month for his performance issue and was kept under observation after discussion with him, do we still need to pay him notice pay?

From India, Mumbai
kraviravi.kravi@gmail.com
113

yes you need to pay him one month notice pay + one half month salary as compensation till the employee gets a job... :wink:
From India, Madras
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