Dear Seniors,
We have one team lead (TL) who worked with us for 4 months. In this 4 month duration his performance was nil and he has brought zero business(profit) to the company. we gave one team member initially and he was not having good rapport with his team member and not given proper training and support and he made him to leave within a month. So we want him to justify for last 4 months company cost...and we gave one month deadline to perform. But during this period he came only for attendance and his everyday productivity was zero. So we told him to resign his job instead of providing termination. He resigned in the mid of January (16th Jan).
Now our query is.. Is it necessary to pay his last month salary???Because
1. past 4 months literally his performance was 0% and we paid full salary without deduction.
2. He worked only 5 days in this month and remaining days are week end and festival holidays. but he is claiming 15 days salary.
3. Due to his poor performance we lost good clients, money and also one good employee..
Management is not ready to release his salary and ask me to hold. But employee is asking me to pay his half month salary. In what way I can convince him for not paying his salary.
Kindly suggest how to handle this problem. Very urgent…
From India, Chennai
We have one team lead (TL) who worked with us for 4 months. In this 4 month duration his performance was nil and he has brought zero business(profit) to the company. we gave one team member initially and he was not having good rapport with his team member and not given proper training and support and he made him to leave within a month. So we want him to justify for last 4 months company cost...and we gave one month deadline to perform. But during this period he came only for attendance and his everyday productivity was zero. So we told him to resign his job instead of providing termination. He resigned in the mid of January (16th Jan).
Now our query is.. Is it necessary to pay his last month salary???Because
1. past 4 months literally his performance was 0% and we paid full salary without deduction.
2. He worked only 5 days in this month and remaining days are week end and festival holidays. but he is claiming 15 days salary.
3. Due to his poor performance we lost good clients, money and also one good employee..
Management is not ready to release his salary and ask me to hold. But employee is asking me to pay his half month salary. In what way I can convince him for not paying his salary.
Kindly suggest how to handle this problem. Very urgent…
From India, Chennai
It is not clear as to what are the terms of contract.However it is understood that he was employed on salary basis at monthly rate. In that event, you need to pay him his salary for the period he turned up for work You cannot hold up his salary after allowing him to resign.If he has worked only for 5 days in Jan 14 and he was treated absent unauthorizedly for the remaining days without any leave being sanctioned to him, then you can pay only for five days.If his performance and attendance are questionable which caused loss of business to you,,then you should have taken disciplinary action for the same instead of allowing him to resign.
B.Saikumar
From India, Mumbai
1899B.Saikumar
From India, Mumbai
Dear Mr.Sai,
I have a same problem but i didnt put any contract form the employee. past 4month her Performance Was Nil And she Has Brought Zero Business(Profit) To The Company. our management inform to leave the company with out notice period. we want to hold her one month payment. Already she leave the company 5month back. how can i handle the problem.
Plz help me.
Regards
Sindu
From India, Chennai
I have a same problem but i didnt put any contract form the employee. past 4month her Performance Was Nil And she Has Brought Zero Business(Profit) To The Company. our management inform to leave the company with out notice period. we want to hold her one month payment. Already she leave the company 5month back. how can i handle the problem.
Plz help me.
Regards
Sindu
From India, Chennai
Is there any specific clause in the appointment letter that his salary is payable and linked to performance. Even if that be so, you had acquiesced to his breach of contract every month by paying his salary. Further under Payment of Wages Act and under Shops and Establishment Act you cannot with old his salary at the time of his discharge. As regards Mr Sidhu's query, since she had put in more than three months service, she was entitled to one month's notice pay even if she was discharged immediately. This amount ought to have been paid at the time of discharge under the above provisions. Anyways pay her dues with interest immediately.
Regards
Sushil
From India, New Delhi
Regards
Sushil
From India, New Delhi
Dear Vino_Peter and Sindhu Ashok,
If the Team Leader gives "zero" performance in the 4-month tenure then you just cannot lay the blame at the door of the newly recruited employee. Who were involved in the recruitment? Why their failure for wrong recruitment is not questioned?
It appears that malaise lies in poor recruitment practices of your company. Have you trained your managers on Interview Handling Skills? How many rounds of interviews were conducted and what questions were asked? Recently Amazon selected a woman employee at a very senior level. She happens to be daughter-in-law of our family friend. She told that recruitment process contained 10 rounds. Amazon neither believed on her more than decade long career in top-notch IT company nor on her qualification i.e. IIM, Bangalore.
By not paying the wages to the Team Leader what you would like to do is to catch the last straw. However, what you need to do is self-examination. Sooner you do it, the better for your company.
Thanks,
Dinesh Divekar
From India, Bangalore
If the Team Leader gives "zero" performance in the 4-month tenure then you just cannot lay the blame at the door of the newly recruited employee. Who were involved in the recruitment? Why their failure for wrong recruitment is not questioned?
It appears that malaise lies in poor recruitment practices of your company. Have you trained your managers on Interview Handling Skills? How many rounds of interviews were conducted and what questions were asked? Recently Amazon selected a woman employee at a very senior level. She happens to be daughter-in-law of our family friend. She told that recruitment process contained 10 rounds. Amazon neither believed on her more than decade long career in top-notch IT company nor on her qualification i.e. IIM, Bangalore.
By not paying the wages to the Team Leader what you would like to do is to catch the last straw. However, what you need to do is self-examination. Sooner you do it, the better for your company.
Thanks,
Dinesh Divekar
From India, Bangalore
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