Dear All,
I have a query for the termination clause for a confirmed employee. If an employee is terminated on the basis of non performance and the company doesn't want him to server the notice period even. Then is the company is liable to give him an advance of one month salary?
Kindly put some light on the same.
Thanks.
Regards
Aarti Khanna
From India, New Delhi
I have a query for the termination clause for a confirmed employee. If an employee is terminated on the basis of non performance and the company doesn't want him to server the notice period even. Then is the company is liable to give him an advance of one month salary?
Kindly put some light on the same.
Thanks.
Regards
Aarti Khanna
From India, New Delhi
Dear Aarti,
To my knowledge; the company is not liable to pay for one month, since this is not come under normal termination. Usually there is an article under termination clause in the employment contract which says: the company reserves the right to terminate the employment agreement with or without notice in these cases (gross misconduct/disciplinary issues, poor performance, violence of ethical standards and/or community’s values and standards, fraud and etc. The service of the employee with the company will be terminated with immediate effect.
Best Regards,
Sameer
From Afghanistan, Kabul
1To my knowledge; the company is not liable to pay for one month, since this is not come under normal termination. Usually there is an article under termination clause in the employment contract which says: the company reserves the right to terminate the employment agreement with or without notice in these cases (gross misconduct/disciplinary issues, poor performance, violence of ethical standards and/or community’s values and standards, fraud and etc. The service of the employee with the company will be terminated with immediate effect.
Best Regards,
Sameer
From Afghanistan, Kabul
fine, hopefully it should be mentioned in the letters. Then only it is applicable. Regards Aarti Khanna
From India, New Delhi
From India, New Delhi
But I think before we terminate on the basis of poor performance, you need to have a solid written prooof, like before in his career you should have given him some warning letter (s) regarding his poor performance while evaluating him and explained to him.
Kiran Nampally
From Oman, Muscat
Kiran Nampally
From Oman, Muscat
According to me the details on termination should be given in the appointment letter if you a Company wants to terminate an employee due to poor performance and As Kiran has rightly pointed out, you must have a solid written proof on the same before terminting...
Thanks.
M.Kannan
From India, Madurai
Thanks.
M.Kannan
From India, Madurai
Hi Aarti,
First of all, while terminating to anyone, some points must be taken into consideration.
On which ground we are terminating him? for poor performance, disciplinary matter, breach of law etc. What so ever reason may be, he must be asked to have his explanation for the allegation against him. According to natural justice, everyone has a full right to present his side/openion to save his job.
Whether it is included in the letter of appointment, he must be asked through proper notices for the allegation proposed against him. In such cases of termination, only on the basis of appointment order's clause, Court can have a sympathatical view against the terminated employee, and further this may go to his side.
So according to my knowledge, in case of termination of confirmed employees on various reasons, please see the possibilities of all the things and then only go for further decision.
Regards,
Atul Malve
From India, Sholapur
First of all, while terminating to anyone, some points must be taken into consideration.
On which ground we are terminating him? for poor performance, disciplinary matter, breach of law etc. What so ever reason may be, he must be asked to have his explanation for the allegation against him. According to natural justice, everyone has a full right to present his side/openion to save his job.
Whether it is included in the letter of appointment, he must be asked through proper notices for the allegation proposed against him. In such cases of termination, only on the basis of appointment order's clause, Court can have a sympathatical view against the terminated employee, and further this may go to his side.
So according to my knowledge, in case of termination of confirmed employees on various reasons, please see the possibilities of all the things and then only go for further decision.
Regards,
Atul Malve
From India, Sholapur
Hi
As rightly mentioned by Atul Malve, there should be some justification for terminating any employee. First of all does the employee is provided with the Job description, what is his / her key result areas, what was his previous performance, what are the actions his seniors / supeiors have taken to improve his performance. Whether it is rightly communicated to the employee and obtained his confirmation etc., etc.,
Over abd above we should not forget we are dealing with the human beings, termination is not a big deal, with the termination what is the message you are giving to his co-employees that is more critical. If the other employees feel that it is a victimization then it is going to be a major issue and end with unstability among the employees hence request to handle carefully. If it is one month notice as per the clause of employment then better to pay one month notice and clear so that there won't be any legal implicaitons and also you are giving an opportunity to the employee to search for the job.
Thanks and regards - kamesh
From India, Hyderabad
As rightly mentioned by Atul Malve, there should be some justification for terminating any employee. First of all does the employee is provided with the Job description, what is his / her key result areas, what was his previous performance, what are the actions his seniors / supeiors have taken to improve his performance. Whether it is rightly communicated to the employee and obtained his confirmation etc., etc.,
Over abd above we should not forget we are dealing with the human beings, termination is not a big deal, with the termination what is the message you are giving to his co-employees that is more critical. If the other employees feel that it is a victimization then it is going to be a major issue and end with unstability among the employees hence request to handle carefully. If it is one month notice as per the clause of employment then better to pay one month notice and clear so that there won't be any legal implicaitons and also you are giving an opportunity to the employee to search for the job.
Thanks and regards - kamesh
From India, Hyderabad
Dear All,
This is what quoted by Aarti "If an employee is terminated on the basis of non performance and the company doesn't want him to server the notice period even" I think question is not about what measures should be followed before terminating an employee; question is about if an employee is already terminated due to poor performance, is the company liable to pay for the notice period or not???
Best Regards,
Sameer
From Afghanistan, Kabul
This is what quoted by Aarti "If an employee is terminated on the basis of non performance and the company doesn't want him to server the notice period even" I think question is not about what measures should be followed before terminating an employee; question is about if an employee is already terminated due to poor performance, is the company liable to pay for the notice period or not???
Best Regards,
Sameer
From Afghanistan, Kabul
Hi
I am giving my coments first time.
As HR Manager, i would like to work more on the preventive side.
In every company there is a probation period and it is during this period we should check the ability of the team member to perform. This includes a lot on the attitude side combined with the skill side.
To if the person is not to the level, terminating in probation period is the best solution and there will be no issue of paying any compensation.
From Singapore, Singapore
I am giving my coments first time.
As HR Manager, i would like to work more on the preventive side.
In every company there is a probation period and it is during this period we should check the ability of the team member to perform. This includes a lot on the attitude side combined with the skill side.
To if the person is not to the level, terminating in probation period is the best solution and there will be no issue of paying any compensation.
From Singapore, Singapore
Thanks all your your views...
But what about the person on confirmation?
I think its the management of the company who plays a major role in formulating the policies and molding them too.Its majorly their discretion.
But in any case do the company needs to pay any kind of Salary for a confirmed employee upon termination?
Regards
Aarti
From India, New Delhi
But what about the person on confirmation?
I think its the management of the company who plays a major role in formulating the policies and molding them too.Its majorly their discretion.
But in any case do the company needs to pay any kind of Salary for a confirmed employee upon termination?
Regards
Aarti
From India, New Delhi
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Termination-emp loyment_563.pdf
Termination letter.doc