Dear Seniors, Whats are the process to terminate a staff immediately? Pls help me on this! i need to terminate a staff immediately. Your help will be appreciated! Thanks!
19th April 2013

There is no particular process to immediately terminate. A reasonable notice is must. You can buy that out. What is reasonable depends on facts and circumstances of the case.
Usually 1 month notice is provided by an employee for resigning. Same holds true for the employer. However in case it has to be effected immediately then salary equal to such notice period should be additionally paid over and above the other due amounts.
Plus, the reasons has to be specific and real. Arbitrary reasons won't work and can land you in further trouble.
Also, try to make the exit as graceful as possible so that company's image is not tarnished by exit of such employee...
19th April 2013 From India, Gurgaon
Dear Nisha

You cannot terminate any staff immediately without conducting formal inquiry. You can suspend the staff first. Issue a show cause notice and instruct the staff to give reason, why the company should not initiate disciplinary action against the staff for the indiscipline act. Then call the staff for domestic inquiry; conduct the inquiry, submit the enquiry reports, findings, and recommendation by the investigation officer or domestic enquiry board. If the domestic enquiry board recommends for termination of the staff, then you can terminate.

At the time of termination, you must pay the salary for the period of suspension, then notice period as per employment contract, Encashment of Leave (If available), Retrenchment Compensation and Gratuity as per his eligibility immediately and send the staff out.

I have given my general procedure and general guidance only. If you want to get specific reply, give some more details about the staff, his behaviour, his level in your organisation, gravity of the offence etc.
19th April 2013 From India, Kumbakonam
I had a similar Query. I was given Termination letter stating reasons of poor performance and negative feedback. They gave me 3 hours to clear the dues. I asked for reasons, the organisation was not able to provide and state vague and general feelings on my performance. They are requesting me to do no-dues by accepting the termination order or putting up resignation. I have declined to do so. They have given me complete salary and one months notice pay, which was in contract during start of job. I have completed the probabation period successfully.
How can I seek redressal. The organisation is not responding to my emails. There has not been no set performance standards. I had always achieved high performance and best best feedback from students to whom I teach. There has not been any warning or show cause notice earlier. I would like to seek redressal rather than accept the unfair dismissal charge and embarrasement caused to me.
Will Labour Court help as I am Senior Faculty. Do I have to file a civil suit or approaching University will help. Is there a time bar to file such a suit.
Thanks for your guidance.
25th April 2015 From India, undefined
Hi there,
My name is Advocate Gardner, from Pakistan. The solution to your legal problem lies with labour court. You have to see firstly , whether the organization wherein, you worked is transprovincial or not? Otherwise you gotta approach labour courts as per as Commercial and Employment Standing Orders (what we have herein Pakistan); Because your have to serve first of all grievance notice on your employer. As to the time bar (limitation) that starts from the date of knowledge, special laws have their own limitation general limitation does not effect upon special laws.
Try to hire a good lawyer, who knows labour laws at his best.
17th August 2015 From Pakistan, Lahore
Dear Nisha madam,
There is no legal provision to terminate staff immediately. There are 2 ways of terminating staff who come within the definition of workman under Industrial Disputes Act, doing clerical, manual or supervisory duties. One is by way of disciplinary enquriy that too for any misconduct warranting punishment of termination and second is by way of surplusage ie retrechment by following the due process of law. But this should be justified too.
16th September 2015 From India , Pune
Dear Nisha,

What is the reason that you want to terminate the staff immediately? The action will depend on that.

There is no way in which staff can be terminated immediately. If there are severe disciplinary issues, you may suspend them pending enquiry followed by a proper chargesheet and conduct a domestic enquiry wherein rules of justice are followed properly . Then, upon completion of enquiry and issuing the delinquent employee a copy of the enquiry findings, calling for his comments thereon, the disciplinary authority or appointing authority has to examine the past record and then award punishment based on establishment of the misconduct in the enquiry.

There is another way of terminating the staff in case they are surplus. Then, you need to follow the provisions of the Industrial Disputes Act in that, you have to put up a category wise seniority list of all the workmen. Then whoever is the one to join the co. last will go first, kyou need to pay the retrenchment compensation, notice pay and other dues to them prior to retrenchment. If yours is a mfg co empl;oying more than 100workmen in preceding calendar year, you have to seek permission of Govt, before resorting to retrenchment.
26th October 2015 From India , Pune
Dear Friends
On termination of a employee immediately, I feel, as long as the notice pay is paid there is no need to assign any reasons unless it is a mass retrenchment. Generally in terms of employment separation clause is incorporated which reads to mean that the employment can be terminated by either party by giving specific notice period or notice pay in lieu thereof. The usual reason is the company does not require the services of the employee any more. If any disciplinary reason is quoted, then, disciplinary proceedings as suggested by some of you, need to be initiated. For mass retrenchment we need to follow retrenchment process. Kindly come out with contrary views if any
27th January 2016 From India, Kakinada
Dear Nishamadam, In your,opinion the emplyee has committed gross voilation of some important processes like Purchase or Negotiation which has resulted into loss or misappropriation, you may call such staff member and ask for resignation to avoid domestic inquiry, suspension and further termination.
28th January 2016 From India , Pune
 

Discuss problems openly with your peers around the world without getting into company or personal specifics. Create Account




Disclaimer: This network and the advice provided in good faith by our members only facilitates as a direction. The advice should be validated by proper consultation with a certified professional. The network or the members providing advice cannot be held liable for any consequences, under any circumstances.


About Us - Advertise - Contact Us - RSS   On Google+  
Privacy Policy | Disclaimer | Terms Of Service
Facebook Page | Follow Us On Twitter | Linkedin Network