Clarity On Termination Procedure

Dear Members, thanks for your valuable comments. I completely agree with your opinion. Since its a case of hiring for new positions so actually the management did not have clear guidelines/ expectation from this job. It is unfortunate for both employee as well as management.
Management wants to quickly get over it, so right now the concern is only from legal course of action available to the employees.
It seems that hardly any legal means available to the employees so management can strongly push the case of immediate termination.
Of course the learning from this episode will be helpful for both the parties.

It is good that you are willing to make amends to your recruitment process. At least now, initiate a process to clearly define the roles, responsibilities of each role, competencies required for each role in terms of both qualifications, experience and specific skills and inter-relationships among different roles and formulate realistic and specific standards of evaluation of performance instead of measuring performance by some general standard like the quantum of business generated For example, you cannot compare the performance of a salesman who is asked to sell a refrigerator to an Eskimo to that of one who is asked to sell them to the people living in a desert under scorching Sun. so that the mistakes do not recur and the employees are spared the pain of separation.
B.Saikumar
HR & Labour law Advisor

Dear Chetan

The issue has been examined with care; and appropriate suggestions and comments given by members.

As an HR of a proprietorship concern, one can understand your predicament; and your understanding of the situation; and fair and balanced attitude towards both the employees and employer is praiseworthy.

While dealing with the issue, in the way as suggested by seniors; do ensure that the repugnant and one-sided clause of termination and resignation involving the NOTICE PERIOD is removed from your Offer and Appointment letter.

It gives a very bad impression about the company and its culture; and is bad in the eyes of Law. In fact in future, you might lose a few cases in the Court on account of such biased and exploitative agreement wherein you ask an employee to give back 5 months salary if he wishes to resign !!

Imagine, tomorrow if you get a better offer, how will you take it up ?? Would you pay up 5 months of your hard-earned salary, or wait for 5 months, by which time the other company may have cancelled or withdrawn their offer.

Warm regards.

Hello mr. Hr
i have read your concern with the contents well noted. I must, however warn you that try as much as possible to be consistent with your reasons for showing you staff exit. You initially stated that there is a clause in your offer letter regarding termination. Such a clause applies when an employee commits no offence. In your case you are touching on performance issue. To talk about it, you must have enough evidence to butress your point to avoid future battles.
Eric kwadwo yeboah
hr - ghana

Dear Members, thanks for your valuable comments. Your feedback will help me propose to the management about few changes required in the HR process.
In the meantime, I have been asked to asses & evaluate legal implications, in case employee approach civil court.
Management says that it requires time & money so employee will not opt for this. Also as per the offer letter the co stands on a safer side.
I have tried to present other side of it that such exploitative conditions, no warning, no evaluation, not mentioning the reason of termination etc may be challenged.
I would appreciate if you please share your views...is it really time consuming/costly affair that employee of middle-senior management can not seek services of an advocate.
Thanks again.

There would usually be a provision in the offer letter, which talks about the probation period and the consequences of non-performance during the probation period. You can take it up accordingly.

Dear Members thanks for your valuable comments. Like to know if during probation period of less than 3 months, can co. terminate legally without paying one month notice/salary?
In the contract it is mentioned that any time (including probation period)/without assigning any reason the company can terminate with 1 month sal/notice.
In this case is it legally binding to pay one month salary/notice to these middle-senior managers.
In case of termination, legally what is the maximum time period to clear the dues?
Thanks so much for your time & valuable comments.

Dear Mr.KK thanks for your comments. I understand that services can be terminated during probation without notice.
what about the clause, which is mentioned in the contract which says that termination anytime will be done with one month notice/salary.
what will hold legally valid, the rule that termination in probation can be done without notice or the contract which says that termination will be done with notice period of 1 month/salary.
I will appreciate if you kindly clarify from legal angle.

If the letter has been worded with notice pay during probation period, you should give notice pay. Any way, you have decided to fire the person. Then why should you think of saving one month salary? Pay and send him out and close the chapter
Madhu.T.K

Exactly my concern too !!
There is a big difference between Human Resource management and other management disciplines such as Materials, Supply Chain, Production, Finance etc etc. in the latter cases the resources can be discarded or scrapped based totally on their utility and cost-benefit ratio.
Managing humans is an entirely different ball game apart from ethical, legal, humane; reputation/brand image and several other issues involved.
I totally agree and would like to quote this reply again for its brevity and giving the correct direction :
Warm regards.