Would there will be any problem if I terminate employee, if he do not accept transfer to another department.

We have an employee whose performance is off the mark and doesn't follow company policy sometimes. We want to transfer him/her to another department so newly hired employees don't follow his/her footsteps, and we don't have to hire another person for the vacant post. However, he/she does not agree with it. What if I give him/her a month's notice for termination? Will it be problematic for the company?

Dear friend,

If the employee's performance is not up to the mark, then you need to counsel him/her. If the performance does not improve even then, you need to terminate his/her services. Will transferring an employee to another department solve your problem? Are you sure that he/she will perform well?

Is the transfer to another department a ploy so that he/she submits his/her resignation automatically? If yes, then issue the Transfer Order (TO) signed by the competent authority. If the order is not complied with, issue the show cause notice and wait for his/her reply. Depending on his/her response, you may terminate his/her services.

Thanks,

Dinesh Divekar

Hi,

Do you have a separate department to which all employees who do not follow the company policies and who are problematic can be transferred? Do you think that in the new department he will perform well? No, this is a wrong selection. It should be rectified immediately; otherwise, you will not have a pleasant sleep.

How to correct the mistake in selection. Here is the significance of the probation period and the wording in that. Probation is a period during which an employee can be evaluated as to his fitness to the culture of the organization, and if he is not fit, terminate him without showing any reason and without giving any notice. If there is any notice required, you can give it, but you need not explain why he is terminated. If you say something or some reason for termination, he should be given an opportunity to defend the charges; otherwise, the termination will cause stigma.

Therefore, you can quote the clause in the appointment order and send him out at the earliest.

It depends on the terms of employment mutually agreed upon between the employer and employee. Mostly, the employee will resign if they are not willing to transfer. However, it is better to find out the root cause for the non-performance and to provide training.

Regards,
V.M. Lakshminarayanan

In such a case, the employer cannot avoid the due process if the unwilling employee does not submit his resignation voluntarily.