no notice, no formalities required except to send him a thanking note with a communication that his service and association was worthy but for obvious business reason , you have been compelled to discontinue his service.
the reason behind above is that anybody drawing more than rs.6500/- can not take the help of id act but do not humilate anyone who is leaving and giving such letter is ample example for termination.
with thanks,
asitabha sanyal
From India, Delhi
2the reason behind above is that anybody drawing more than rs.6500/- can not take the help of id act but do not humilate anyone who is leaving and giving such letter is ample example for termination.
with thanks,
asitabha sanyal
From India, Delhi
Dear All
I still have confusion as of there were few employees in our organization who resigned from their job without any information to us and gave resignation after 15-20 days of stopping to come at job.
these employees had completed 5 yrs and were claiming for the bonus, leave unavailed & gratuity.
is company liable to pay them bonus and if yes how mch.
Secondly if company terminates any employee who has worked for more than 1.5 yrs is company liable to pay 3 mnths notice pay,bonus
From India, Mumbai
I still have confusion as of there were few employees in our organization who resigned from their job without any information to us and gave resignation after 15-20 days of stopping to come at job.
these employees had completed 5 yrs and were claiming for the bonus, leave unavailed & gratuity.
is company liable to pay them bonus and if yes how mch.
Secondly if company terminates any employee who has worked for more than 1.5 yrs is company liable to pay 3 mnths notice pay,bonus
From India, Mumbai
hi all
as per the bonus act the minimum bonus amount to be paid whomever served during the period and as per company policy you can react, gratuity has to be paid if an employee completes 5 years of service and shd be included in his full and final settlement, you can verywell deduct one month notice pay ( if the clause is included in their appointment order) showing the deduction as management holding or management Loss, apart from this their leave balance to be encashed
regards
ram
From India, Madras
as per the bonus act the minimum bonus amount to be paid whomever served during the period and as per company policy you can react, gratuity has to be paid if an employee completes 5 years of service and shd be included in his full and final settlement, you can verywell deduct one month notice pay ( if the clause is included in their appointment order) showing the deduction as management holding or management Loss, apart from this their leave balance to be encashed
regards
ram
From India, Madras
Hi all,
The said VP can be terminated /retrenched on grounds of the following:
1) Closure of his unit and non requirement of his continuance
2) Inspite of oral or written info that he has to pack up
3) Causing nuisance or obstacle when asked to vacate
4) Unwanted non-performing over head to company
5) Non utility of his services or unable to make him fit for any job rotation
6) Being a role model in creating porblem and he has to compensate the company for the dormant period of his maintenance.
Salary may be compensted for 1/2/3 months depending on the company policy. Just because he held the post of VP, he cannot be adamant. Hope he copies the tactics of former MPs who agitated when asked to vacate their guest houses in Delhi.
It has become customary for HR department to comply with the management team. But there has to be a limit to everything. go ahead and whip at the right moment.
Regards,
Chandru
Manager -HR, Chennai
From India, Madras
The said VP can be terminated /retrenched on grounds of the following:
1) Closure of his unit and non requirement of his continuance
2) Inspite of oral or written info that he has to pack up
3) Causing nuisance or obstacle when asked to vacate
4) Unwanted non-performing over head to company
5) Non utility of his services or unable to make him fit for any job rotation
6) Being a role model in creating porblem and he has to compensate the company for the dormant period of his maintenance.
Salary may be compensted for 1/2/3 months depending on the company policy. Just because he held the post of VP, he cannot be adamant. Hope he copies the tactics of former MPs who agitated when asked to vacate their guest houses in Delhi.
It has become customary for HR department to comply with the management team. But there has to be a limit to everything. go ahead and whip at the right moment.
Regards,
Chandru
Manager -HR, Chennai
From India, Madras
Hi
I observe in these colums of query that many companies are not having a clear well defined code of HR policy or code. If things are not clear and transparent, it is evident that erring employees will make use of it and act as they wish.
We cannot even object to their behaviour as the HR itself has not drawn a clear picture. For all these, management is also to be blamed. So it is the duty of the HR Manager to pull the management to accept and listen to his voice because HR cannot answer all the troublesome questions. Please quit if you think that HR is helpless to tackle.
Regards,
Chandru
From India, Madras
I observe in these colums of query that many companies are not having a clear well defined code of HR policy or code. If things are not clear and transparent, it is evident that erring employees will make use of it and act as they wish.
We cannot even object to their behaviour as the HR itself has not drawn a clear picture. For all these, management is also to be blamed. So it is the duty of the HR Manager to pull the management to accept and listen to his voice because HR cannot answer all the troublesome questions. Please quit if you think that HR is helpless to tackle.
Regards,
Chandru
From India, Madras
Hi, We HR fraternity requires to handle such cases strtegically & with humanistic touch. Is it not prudent to convince the VP about the busuness challenges & give an option to submit resignation for graceful exit? If he refuge then you may exercise the termination option. We need not create negative ambassodors by our hasty acts.
Be liberal to settle terminal benefits to avoid any legal comlications which will be proved costly if calculate the advocate fee, mgnt. precious time,the impact on existing mgnt. staff & their moral etc.
Regards,
v.s.sarode
AVP-HR
9833989246
From India, Mumbai
Be liberal to settle terminal benefits to avoid any legal comlications which will be proved costly if calculate the advocate fee, mgnt. precious time,the impact on existing mgnt. staff & their moral etc.
Regards,
v.s.sarode
AVP-HR
9833989246
From India, Mumbai
Hi,
For termination, ideally you should have enough documents to supports if it's a performance issue. You can have Performance Improvement Plan detaining expected outcomes documented signed by both employee and supervisor. Further periodic reviews (weekly, fortnightly etc) and again documented signed. All these will be considered as fair and transparent process where employee himself/herself agreed on performance reviews..
Hence this will be treated as fair process and also your documentation also will be in place..
Rgds
Ashu sawhney
For termination, ideally you should have enough documents to supports if it's a performance issue. You can have Performance Improvement Plan detaining expected outcomes documented signed by both employee and supervisor. Further periodic reviews (weekly, fortnightly etc) and again documented signed. All these will be considered as fair and transparent process where employee himself/herself agreed on performance reviews..
Hence this will be treated as fair process and also your documentation also will be in place..
Rgds
Ashu sawhney
Dear Amit
1. Please do away with his services as per terms and conditions of his appointment. Keep the termination letter short and simple . You may say that " as per terms of your appointment letter dated xxx and its clause no. xxx , your services are no longer required with immediate effect.You are being paid an amount of Rs xxx towards xx months notice pay accordingly vide cheque no. xxx dated xxx drawn on xxx bank" enclosed herewith. Attach cheque for the notice period amount.
2. The provisions of ID Act will not be applicable for his being a Management cadre employee. Similarly there will be no scope for any civil suit if termination is done in this manner.
Regards
Mohan.
From India
1. Please do away with his services as per terms and conditions of his appointment. Keep the termination letter short and simple . You may say that " as per terms of your appointment letter dated xxx and its clause no. xxx , your services are no longer required with immediate effect.You are being paid an amount of Rs xxx towards xx months notice pay accordingly vide cheque no. xxx dated xxx drawn on xxx bank" enclosed herewith. Attach cheque for the notice period amount.
2. The provisions of ID Act will not be applicable for his being a Management cadre employee. Similarly there will be no scope for any civil suit if termination is done in this manner.
Regards
Mohan.
From India
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