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Aagni_Das.. (Student)     11 September 2015

Termination of employment

How does firm terminate the employment of a managment staff.
he has been an under-performer and has rejected the suggestion to relocate stating his package given is really low.



Learning

 2 Replies

Kumar Doab (FIN)     11 September 2015

Performance can be dependant on many factors and beyond the control of employee and underperformance is not that easy to prove.

The communication measuring performance objectively should be sent and record be maintained.

Proper support and training and guidance should be given to improve the performance.

Thereafter an opportunity of natural justice be granted by inviting for to improve.

Termination should be avoided as much as possible since it can be contested and employee can also inflict damages.

If the package is low then it is low!

Transfer can not be imposed. If the order of transfer is issued employee can decline to accept.

Then again the ball is in court of employer.

Why don’t the employer tries by offering a good severance package and close the matter amicably.

Isaac Gabriel (Advocate)     03 November 2018

You can challenge the termination as per section 41(2) of the same act.


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