Termination Of Employee On The Ground Of Lower Performance

Hello Seniors,

One of our employees' performance is not good; therefore, we are planning to terminate him. Could you please guide me on whether we can terminate him based on his lower performance?

Thank you & Regards

Has the employee been counseled as to reasons for shortfall in performance? Has some additional training been given? Have reasons for the shortfall by this employee been analyzed by his supervisor? Have prior warnings been given to him and documented?

Employee can be terminated for consistent poor performance, but due care has to be taken prior by training, counseling, warning, etc.

Sir, the employee was appointed to a senior designation; hence, there is no need to provide him with any additional training.

Have you discussed with this person the reasons for poor performance? He is in a senior designation and should be aware of job requirements.

Sir,

We have already discussed with the employee regarding his performance issue, however, his performance is not as good as required to manage the specific responsibility. Despite that, there has been no improvement in performance. We have also asked him to resign, but he is not ready to do so. Therefore, the only option left is termination. Kindly guide us on whether we can terminate him based on his lower performance. If yes, what procedure should we follow?

Thank you.

What is the quantifiable performance expected of him?

Has the performance required of him been communicated specifically?

Issue a show-cause notice documenting specific failures and ask him for an explanation. Following his explanation, suitable action as warranted can be taken.

Hi,

Is it mandatory to issue a show-cause notice? This issue has been verbally discussed with him many times but there has been no improvement so far. As he is not able to work according to our company's requirements, we have finally decided to terminate him. Please guide me on what legal procedures to follow to terminate him. Whether we have to issue him a show-cause notice first or if we can directly issue him a termination letter.

Thank you.

First, write to him and give him an opportunity to improve his performance. In spite of such instructions, if he is unable to perform below the prescribed limit, then you have to issue a charge sheet, conduct an enquiry, and then terminate him. Otherwise, the whole termination will become bad in law.

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Sir,

Opportunity has already been given to improve his performance despite that not any improvement yet. Therefore, we have decided to terminate him. Please tell me what is the legal procedure of termination.

Hope you have documentary evidence to prove that an opportunity was given to him to improve his performance, and after such opportunity, he has failed to improve his performance. Please note that in such cases, you have to prove that the quantum of improvement was less than other employees or normal standard practice. For example, if all the other workers are producing 80-100 products per day, then if the employee produces 50 products, it can be said that the performance was below standard.

The legal procedure is to issue a charge sheet, hold a domestic inquiry, prove such charges in the inquiry, and thereafter, based on the inquiry reports and findings, take action (i.e. termination or whatever suits you best).