Termination Of Senior Employees

Thank you for all the advice. This is what I have suggested to the management. However, I am still waiting for an answer on the legalities involved with retrenchment.

Dear Anuradha,

Thanks for your response.

While agreeing with Pon's opinion that "Companies are at liberty to downsize. No legal complications if all the benefits due to them are settled," in as far as the legalities are concerned; I would still suggest that human resources, especially seniors who have given their best and who shall be needing much more time to "rehabilitate" themselves (as the positions at their level are few and far between; and also require a lot of lead-time by the recruiters and the company management); should not be treated as 'disposable diapers' - to be thrown away once the purpose is over.

The best you can do under such circumstances would be the following:

- Ascertain the numbers; whether you can deal with them collectively or one-to-one
- Fix up a meeting with your senior management - MD/group of Directors - in an informal environment
- Convey the financial status; measures; downsizing proposal
- Give them ample time even after the notice period is over; which can be on LWP basis; so that their continuity of service is maintained
- Help them in their rehabilitation in other companies; use your own professional network or your friendly placement consultants.

The above will not only give you the satisfaction of excelling in your job but also the blessings and friendship of the affected employees and their families.

Always remember that HR's job is much more than what is spelled out in the job description!

Warm regards.

Dear Anuradha,

I endorse the views expressed by Mr. Raj Kumar. Legalities: The ID Act provides legal remedies only for non-managerial employees, so these senior-level employees are out of the purview of the ID Act. However, for managerial employees, legal remedies are available in civil laws. Such types of removal/termination can also be challenged in civil courts if all benefits due to them are not settled. Reinstatement is not possible. Instead of reinstatement, they can claim damages and compensation.

Regards,
Kamal