Termination Of Employee - Data Entry

If an employee at the Head Office of a company doing Data entry and other clerical job as Junior Executive is performing much below desired level of expectations and not willing to improve (as per verbal counselling). How can we terminate him and making sure the company is protected from future litigations (if any). While counselling it was told if he does not perform he may be checked out, but he said let the company terminate me.

Dear k k
there are few element and they donot listen to counselling.you give him work and if he donot perform the ask explantion in writing.give him warnings and complete your documentation.after that you can issue him charge sheet if he does not improve
than conduct domestic enquiry and terminate his services.

Hello KK,
Like Malik said, you FIRST need to build-up the documentary evidence before you resort to such a step.
Based on my experience, I think it would be better to build up the case right thru the activities he is involved in--rather than giving him a letter that he did this or that [or didn't do this or that].
For eg., since he is into Data-entry, the moment he makes a mistake, let his boss send him a e-mail [which is really pretty convenient, unlike in the past where a Memo is very easily noticed to be the ground for action] pointing the mistakes & ask him to correct them. it could be a very innocuous mail just focusing on the issue. Quite a few times the employee wouldn't see the link between such a mail & the Final objective.
Going by what you mentioned, this process shouldn't take a lot of time--at the most a couple of weeks, at worst & 1 week at best.
When the Chargesheet stage comes, all you need to do is to link such e-mail communications with it & go ahead.
Rgds,
TS

Dear KK,
1. Give him his KRA again and if previously there was no acceptance, please ensure that he agrees to his KRA and gives you a signed copy of the same.
2. Monitor his performance wrt to the KRA and the tasks done on a daily basis.
3. Whenever he does not perform well, schedule a counselling session seeking the reasons for his low performance.
4. During each counselling session, give him an action plan
5. After a few counselling session, if he still does not perform well, issue him a warning that his services will be terminated if he does not start perform well in next 15 days.
6. Please ensure that all the aforesaid is well documebt with his signatures on all the written documents.
7. Also understand that performance is a broad term so u need to quantify his work and map his performance wrt to the work he is supposed to do or the work he does.
Regards,
Rahul Chhabra

Get a suitable IR Head, build up a case and then take action.
How can we terminate him and making sure the company is protected from future litigations (if any). = Nothing can prevent him from moving to a labour court.
While counselling it was told if he does not perform he may be checked out, but he said let the company terminate me.= that means the fellow will certainly move to court.

Dear KK,
take every issue between you and that person conversation to management notice through mail. if he did any mistake ask him to give am explanation to u and management through and if any conversation b/w u make it in email.
thanks & regards,

Terminating an employee for poor performance should not be the first step to take. First and foremost we need to identify the performance obstacles and put in place remedial measures to correct poor performance. Probably you can follow these steps : if he says
I dont .......
know what to do ..............Educate him
Know how to do................Train him
Believe that i can do it........Coach him
know why i do this.............Identify his needs in life
want to do it.....................has an attitude problem.
People become poor performers at times because some jobs do not fulfill their personal needs. Identify his needs and link them to the job purpose and if he is not changing then he has an attitude problem. If losing that job does not give him pain he will not perform well. Put on a nicely polished safety shoe and give him a nice kick.

Termination is the final step.
Disciplinary action is taken in the following manner
a. Advisor note, stating the lapses / slowness verbal counselling, etc. etc.
b. Warning Letter
c. Second warning letter
d. Final warning letter
e. Termination letter.
Unless proper steps are taken and file is build up, employee do have a right to approach labout court and claims compensation that he has been wrongly terminated without any previous documentary evidences.

Dear all,
you have more options to do with a lower level performance before terminating the employee. one option ( preferred ) it to make something called "performance action plan" and signed between you and enployees at the footer of this document a very clear statement which is "i committed to work my best to achieve the above action plan and i know that lower level performance will lead to terminate me from work".