Hi All,

We have appointed the employee in March 2016, and now we want to terminate this employee due to lower performance. Please share your input on whether I need to serve a one-month notice period and also provide one month's salary without work.

Regards,
Akhil

From India, Gurgaon
Acknowledge(0)
Amend(0)

nathrao
3180

Follow the termination procedure as per the appointment order. Have you given a chance to improve through counseling and documenting cases of poor performance? Give notice as per the appointment order and terminate employment.
From India, Pune
Acknowledge(0)
Amend(0)

Dear Akhil, Pl arrange to conduct domestic enquiry when reason of termination is "Low/ Poor Performance" as per Hon’ble Supreme Court.
From India, New Delhi
Acknowledge(0)
Amend(0)

nathrao
3180

""Pl arrange to conduct domestic enquiry when reason of termination is "Low/ Poor Performance" as per Hon'ble Supreme Court.""
Respected Sir,
Could you kindly quote case reference of this nature for information??

From India, Pune
Acknowledge(0)
Amend(0)

Hi,

If we want to terminate any employee based on poor performance, we can do so by reviewing the performance against standing orders/appointment order. However, before taking any action, it is essential to provide notice and an opportunity for the employee to improve their performance.

It is recommended to initially offer employment to the candidate as a trainee, especially if they are a fresher. This allows for a period of observation for six months, during which time termination can occur if performance remains poor.

Regards,
PGR

From India, Hyderabad
Acknowledge(0)
Amend(0)

Dear Akhil, The procedure is known as retrenchment instead of termination. Pl go ahead keeping provisions of the Industrial Dispute Act in mind. Ensure you should adhere to FILO principle.
From India, New Delhi
Acknowledge(0)
Amend(0)

CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.







Contact Us Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2025 CiteHR ®

All Copyright And Trademarks in Posts Held By Respective Owners.