Termination due to unexpected performance

dear anish
wishing you a happy new year
as you have asked action against team manager if executive under him is not working.
both the employees team manager and executive are not covered under labour laws.so their termination or any action against them is eassy.however before terminating some one principle of natural justice to be followed .
suggestion --you call explanation from executive for not performing and issue
warning letter to team incharge for lapses.however you can terminate them for nonperfoming
but give them chance to explain themselves and terminate lateron if not improving.
the person having appointing authority means who sign appointment letters will sign
all letters pertaining to disciplinary proceedings.any other problem feel free to communicate.
tks
j s malik
9810557181

Dear Anish,

Employees agianst whom you want to issue termination letters are not workers under the ID Act, that is why there is no need to follow principal of natural justice( but of course, if you are working in a private sector). You may go ahead simply by issuing termination leter to him by giving prior notice as per offer of an appointment or salary in lieu of them. But, if you want to follow the principal of natural justice , you have to certainly complete the disciplinary proceedings to conclude his / her guilt .

Best wishes,
Karuna Kumar

dear karuna
i really estonished to see your reply in which you are suggesting ,no need to follow princple of natural justice if someone is not covred under ID act.
can u pls update our knowledge where it is written.pls donot forget the employees who are not covered under ID act and labour court donot help them for remedial action ,civil court is for them and they can take help of civil court and principle of natural justice has to be followed in each and every action.
tks
j s malik
9810557181

dear karuna
i really estonished to see your reply in which you are suggesting ,no need to follow princple of natural justice if someone is not covred under ID act.
can u pls update our knowledge where it is written.pls donot forget the employees who are not covered under ID act and labour court donot help them for remedial action ,civil court is for them and they can take help of civil court and principle of natural justice has to be followed in each and every action.
tks
j s malik
9810557181

Dear Mr. Anish Gupta,

1. Though the Managerial Staff don not enjoy the protection of ID Act, in case of Termination, an Opportunity should be afforded to serve the legal requirement of ‘Natural Justice, as otherwise the Termination action stands vitiated and becomes questionable in the court of law. The best way is to issue a letter of advise ( not warning) followed by another letter of warning and then a personal hearing which is recorded. Ultimately, if the management still feels the manager has to be terminated, he may do so preferably by issuing a simple Termination order by settling all terminal benefits and Notice pay. It is preferable to avoid recording reasons for termination on two counts viz.
i. By doing so, you are destroying the entire future of an employee.
ii. If a Termination order contains and imputation, the aggrieved party can always approach the appropriate civil court for damages and redressal and the management may face some awkward moments, if the case is not very strong.
2. As regards, the authority, it would be advisable the HR head issues such letters after due authorisation form the appointing authority in file / record. However, in case the person to be terminated is senior in status than the HR head , it is advisable that the MD himself signs the letter.
A.Irudayam
Advocate and HR Consultant
+919940686632

dear mr js malik,

could i have your email address so that i could address a query regarding my father's charitable institution.
thanks.

cagey