Hi, Please tell me the procedure to terminate an employee who is in roll and job confirmed (Completed probation period) who has and has not completed 240 days of service. Regards Surya.
From India, Bangalore
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From India, Bangalore
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Termination can be made only in the case of serious misbehavior with colleagues at all levels, misappropriation of company funds, providing misleading information resulting in financial loss to the organization, or providing misleading information about oneself at the time of joining by presenting fake degrees, experience certificates, salary details, etc. I don't think there is any other reason for terminating an employee other than the above. However, if there are some more reasons, please let me know.
Regards
From India, Delhi
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Regards
From India, Delhi
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hii Employees can be terminated on the ground of miscodunct and voilation of company rules, but the charge of miscoduct should be proved before termination. thank basant
From India
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4From India
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I think we forgot the most important element "PERFORMANCE". If an employee is not performing and clearly told about the expectations and given pointers from time to time, it makes a strong ground for termination.
From India, Mumbai
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From India, Mumbai
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In the case of performance, there needs to be proper documentation of non-performance. An action plan should be developed, and necessary training/aids need to be provided for the person to perform better. If all these efforts fail, then termination on performance grounds becomes acceptable.
From India, Mumbai
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From India, Mumbai
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Termination can aslo be done when the employee misuses the facilities provided by the company in such a way that it leads to financial loss/ damage to the property of the company. Regards Vijaya
From India, Bangalore
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From India, Bangalore
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Whatever the reason, you are required to follow a certain process. Please note that you have allowed the probation period to be completed without advising the employee of his/her shortcomings in writing. The intense need to use this expression of 'terminating a person' may, in all probability, be subjective and not in keeping with the charter of HR Managers/professionals. We need to moderate the situation in a mature manner and, having considered all factors bearing on the case, advise the management accordingly.
Either way, if you intend to correct the situation, then an advisory note specifying his/her limitations with instructions to correct the behavior and performance within a given timeframe shall be one solution. Nevertheless, if the management/HR head has decided, for all the relevant reasons, that the Company should part ways with this individual, issue a show cause notice. This could involve seeking an explanation for observed limitations/dishonesty/misbehavior, failing which necessary administrative action in accordance with the company's policies, rules, and procedures shall be initiated.
Also, review the appointment letter for the clause that states either party can separate with a notice period of a certain duration, usually one month. That's it. This process shall enable you to rid yourself/company of the undesirable person. Be objective, transparent, and dispassionate. It fosters a good HR environment.
Pradeep
From India, Lucknow
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Either way, if you intend to correct the situation, then an advisory note specifying his/her limitations with instructions to correct the behavior and performance within a given timeframe shall be one solution. Nevertheless, if the management/HR head has decided, for all the relevant reasons, that the Company should part ways with this individual, issue a show cause notice. This could involve seeking an explanation for observed limitations/dishonesty/misbehavior, failing which necessary administrative action in accordance with the company's policies, rules, and procedures shall be initiated.
Also, review the appointment letter for the clause that states either party can separate with a notice period of a certain duration, usually one month. That's it. This process shall enable you to rid yourself/company of the undesirable person. Be objective, transparent, and dispassionate. It fosters a good HR environment.
Pradeep
From India, Lucknow
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It is a good decision to terminate a person who gives wrong guidance to the colleagues and mishandles the office funds. First of all, you need to prepare all the relevant documents that support his misconduct right from the initial state of his employment. Compare that with your company's terms and policies. If those are mismatching, obviously your upcoming decision should aim to save your company and your employees.
In management, there is no room for excessive sentimentality.
Regards,
Nelson S.
From India, Bangalore
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In management, there is no room for excessive sentimentality.
Regards,
Nelson S.
From India, Bangalore
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Hi,
Please follow the guidelines given in the Certified Standing Orders of your company. There are several procedures for the termination of employees. First, it requires knowing the grounds on which you want to take action.
Rajesh
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Please follow the guidelines given in the Certified Standing Orders of your company. There are several procedures for the termination of employees. First, it requires knowing the grounds on which you want to take action.
Rajesh
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Dear Intervention Regretted,
Dismissal on grounds of non-performance can only happen if the employee is not actually performing. If the employee is not performing up to the expectations, then he should not have been confirmed. Instead, his probation/training period should have been extended one more time as confirming the employee almost stops getting him trained internally, and he is actually on the job from then.
In this specific case, the basis for termination is not yet clear. If he is not performing, the same should have been properly documented for his entire tenure from day one of his appointment if there exists a well-defined system. Moreover, how can a candidate be entertained for such positions without having a clear idea of his strengths and weaknesses? Who is at fault - the employee or the employer?
-Saravana Rajan
"In the case of performance, there needs to be proper documentation of non-performance, and there needs to be an action plan and necessary training/aids provided for the person to perform better. If all this fails, then termination on performance grounds becomes acceptable."
From India, Mumbai
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Dismissal on grounds of non-performance can only happen if the employee is not actually performing. If the employee is not performing up to the expectations, then he should not have been confirmed. Instead, his probation/training period should have been extended one more time as confirming the employee almost stops getting him trained internally, and he is actually on the job from then.
In this specific case, the basis for termination is not yet clear. If he is not performing, the same should have been properly documented for his entire tenure from day one of his appointment if there exists a well-defined system. Moreover, how can a candidate be entertained for such positions without having a clear idea of his strengths and weaknesses? Who is at fault - the employee or the employer?
-Saravana Rajan
"In the case of performance, there needs to be proper documentation of non-performance, and there needs to be an action plan and necessary training/aids provided for the person to perform better. If all this fails, then termination on performance grounds becomes acceptable."
From India, Mumbai
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You would need first to understand the process in your organization which allows a person to be confirmed in 180 days and then, before 240 days are over, needs to be terminated!! It seems too prejudiced. Different processes for non-supervisory and different for executives. - JosephJ
From India, Kochi
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From India, Kochi
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Following certain provisions of the Industrial Disputes Act (section 25F, etc.) and in the Standing Orders framed under the Industrial Employment (Standing Orders) Act, an employee can be terminated. Termination of service for misconduct, however, requires a proper domestic enquiry. An employer is not prohibited from terminating an employee, but the employer's act of terminating an employee will be justified provided all measures of natural justice are taken before such termination is made.
Accordingly, if an employee is to be terminated, the employer should give him prior notice, which will certainly depend on the length of service. The notice given is an intimation to the employee of his termination of employment so that he can find some other job or alternative. It may be one month's notice or three months' notice. At the same time, if the employer wants the employee to be discharged with immediate effect, he can do so but by paying salary for the period of notice in advance.
Similarly, the law has given protection to those employees who have been regularized. (the terms probation, confirmation, etc., are out of the purview of the ID Act) As such, those who have worked for 240 days in the previous year are considered as regular employees (whether a communication to the effect that the concerned employee has been regularized or confirmed in service is given by the employer or not) and are expected to be given compensation for termination, and the rate of this compensation will be equal to 15 days' salary for every completed year of service with the employer. At the same time, an employer is free to terminate an employee who has not completed 240 days of service.
Moreover, termination/retrenchment of employees of an organization in which more than 100 employees are normally working (where chapter VB of the ID Act applies) prior permission of the Govt is required. The micro-level scope of these sections/chapters is to be discussed based on cases to case.
Regards,
Madhu.T.K
From India, Kannur
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Accordingly, if an employee is to be terminated, the employer should give him prior notice, which will certainly depend on the length of service. The notice given is an intimation to the employee of his termination of employment so that he can find some other job or alternative. It may be one month's notice or three months' notice. At the same time, if the employer wants the employee to be discharged with immediate effect, he can do so but by paying salary for the period of notice in advance.
Similarly, the law has given protection to those employees who have been regularized. (the terms probation, confirmation, etc., are out of the purview of the ID Act) As such, those who have worked for 240 days in the previous year are considered as regular employees (whether a communication to the effect that the concerned employee has been regularized or confirmed in service is given by the employer or not) and are expected to be given compensation for termination, and the rate of this compensation will be equal to 15 days' salary for every completed year of service with the employer. At the same time, an employer is free to terminate an employee who has not completed 240 days of service.
Moreover, termination/retrenchment of employees of an organization in which more than 100 employees are normally working (where chapter VB of the ID Act applies) prior permission of the Govt is required. The micro-level scope of these sections/chapters is to be discussed based on cases to case.
Regards,
Madhu.T.K
From India, Kannur
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If he is a workman under the Industrial Disputes Act, 1947, and is confirmed, the only procedure is to issue a charge sheet for misconduct, hold an inquiry, and award punishment as per the certified standing orders of your company or the model standing orders of the state, whichever is applicable. In this case, 240 days of working or not working do not have any legal standing. - Ak Malhotra
From India, Guwahati
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From India, Guwahati
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