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Roshni_WYH
Hi all,

I am writing to seek guidance on the formal process of terminating an employee on the basis of poor performance. This employee in question is still on probation. Can you please help with templates of written warning that I as an HR or the manager might have write to this employee. I would also appreciate if you could help with template for termination letter.

Thank you in advance for all the help!

From India, Mumbai
vmlakshminarayanan
586

Hi,

As the employee is on Probation period termination on poor performance will not be an issue.

However whether performance issue is discussed with the employee and sufficient opportunity is provided to him/her to improve the performance ?. Whether the immediate Superior of the employee discussed with the employee regarding the improvement areas ?. Though employee is on Probation sufficient opportunity should be given to employee to improve performance. Also whether any advisory /warning letter is issued to employee already ?

If the employee failed to improve in spite of sufficient opportunity given then you may proceed with termination. Alternatively call and explain the employee having no other option it is decided to part ways with him/her. As termination might spoil his career if the employee is interested get a resignation from him and relieve him properly. But explain him that this was done as a special case to safeguard his career.

With regard to termination template there is no fixed template for such termination letter and you need to bring in all the facts and reason for termination in spite of sufficient opportunity provided.

From India, Madras
alok-singh1
67

Dear Roshni,
This is not the right way to dismiss an employee without any warning letter. Poor performance is legally defined as 'when an employee's Behaviour or performance might fall below the required standard.
You have to identify what's the actual problem with that employee. If his performance is poor or not satisfactory then you can provide some training on related topics (Internal/External).
You can also extend his probation period.
In probation period you can terminate at immediate basis (with notice compensate).


alok-singh1
67

Being a HR you have to represent in favour of labour and you have to act for employees welfare and their well being.

Roshni_WYH
Thank you so much for all the responses. So this employee is a pretty senior and he projected a very wrong image during the interview. His performance can be equated to that of someone with just 1 year experience. Training is not an option because he lacks basic knowledge in his field as well. We did give him a verbal warning and in process to send a written warning.

I just wanted to know if we want to terminate (we would most probably as that employee to resign) then what will be the process so that we are in compliance of statutory law. Although he is in probation period we will ofcourse ask him to serve a notice so that he can find another job.

From India, Mumbai
alok-singh1
67

For better under understanding pls go through the below link-
https://www.citehr.com/150238-termin...tml#post637414


vmlakshminarayanan
586

Hi, Close his case amicably safe guarding the interest of the company and the employee as well.
From India, Madras
Suresh Rathi
86

What was the clause of termination during probation period in the appt letter?
Does it specify --poor performance ? If yes, then it becomes tricky --as both sides will try and justify otherwise.
If the performance is quantifiable --then go ahead, otherwise look for other options like ' hand holding' ' Active supervision ' 'Training' 'Understudy' etc be tried

From India, Delhi
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