Dear All,
We are a small manufacturing unit based in Bangalore. I would like to know a few points regarding the termination process.
1) There is an employee who is working with us, who has a very bad attitude with his subordinates. We have informed him many times verbally about his attitude issue, but he has not changed his attitude. Additionally, he shows negligence at work, such as not attending company meetings when informed. He has been working with us for just the past 2 months, and the probation period is for six months.
2) During his probation, he has been taking continuous leaves for more than 4 days a month without anyone's approval. He is allowed to take only 1 day off a month during his probation.
3) He is also not performing well in his work.
Therefore, we have come to a conclusion to terminate him. My question is, do we have to inform him in advance about his termination?
Do we have to pay him 60 days' salary after termination? Also, I want to know if there will be any issues if we terminate him during this COVID-19 crisis.
What is the minimum duration of time an employer has to release the employee's last working salary if he is terminated?
Could anyone suggest the best way to deal with this?
Thanks
From India, Bengaluru
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1We are a small manufacturing unit based in Bangalore. I would like to know a few points regarding the termination process.
1) There is an employee who is working with us, who has a very bad attitude with his subordinates. We have informed him many times verbally about his attitude issue, but he has not changed his attitude. Additionally, he shows negligence at work, such as not attending company meetings when informed. He has been working with us for just the past 2 months, and the probation period is for six months.
2) During his probation, he has been taking continuous leaves for more than 4 days a month without anyone's approval. He is allowed to take only 1 day off a month during his probation.
3) He is also not performing well in his work.
Therefore, we have come to a conclusion to terminate him. My question is, do we have to inform him in advance about his termination?
Do we have to pay him 60 days' salary after termination? Also, I want to know if there will be any issues if we terminate him during this COVID-19 crisis.
What is the minimum duration of time an employer has to release the employee's last working salary if he is terminated?
Could anyone suggest the best way to deal with this?
Thanks
From India, Bengaluru
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Since the employee is a probationer and still has more than three months of probation remaining, you can simply discharge him during the probation period itself as his performance is not satisfactory. Just follow the notice procedure, if any, mentioned in his appointment orders. However, do that only after the lifting of the lockdown by the Government. Pay all his dues with the termination order.
From India, Salem
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From India, Salem
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Dear Umakanthan Sir,
I have a specific question regarding retrenchment. According to IDA 25 F, there is mention of 1 year of service with at least 240 days of service to be served for retrenchment benefits. Are there any guidelines for employees employed for less than 50 days or between 50 to 100 days with the organization, where the notice period is 6 months?
Looking forward to your reply.
Thanks & Regards,
Deepti Verma
From India, Delhi
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I have a specific question regarding retrenchment. According to IDA 25 F, there is mention of 1 year of service with at least 240 days of service to be served for retrenchment benefits. Are there any guidelines for employees employed for less than 50 days or between 50 to 100 days with the organization, where the notice period is 6 months?
Looking forward to your reply.
Thanks & Regards,
Deepti Verma
From India, Delhi
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Dear Deepti Verma,
Sorry, your question is not clear to me as it relates to employees with a 6-month notice period. As far as I understand, you want to terminate the services of employees who have served for a total period of up to 100 days or less in the industrial establishment. The conditions for retrenchment benefits mentioned under section 25-F are cumulative. If they do not complete 240 days of service in the establishment, they are not entitled to the benefits of notice and compensation. Nevertheless, their termination of employment amounts to retrenchment as defined under section 2(oo) of the IDA, 1947. However, in my opinion, the notice clause for unilateral termination of the contract of employment would still be applicable.
From India, Salem
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Sorry, your question is not clear to me as it relates to employees with a 6-month notice period. As far as I understand, you want to terminate the services of employees who have served for a total period of up to 100 days or less in the industrial establishment. The conditions for retrenchment benefits mentioned under section 25-F are cumulative. If they do not complete 240 days of service in the establishment, they are not entitled to the benefits of notice and compensation. Nevertheless, their termination of employment amounts to retrenchment as defined under section 2(oo) of the IDA, 1947. However, in my opinion, the notice clause for unilateral termination of the contract of employment would still be applicable.
From India, Salem
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