Termination Process in India

Ask the Community Statutory Compliance
,
1

Dear All,

Could anyone please advice on the termination process to be following if employer plans to terminate an employee with an immediate effect. This is little urgent and appreciate a prompt advice from the community.

2 Likes
2

Dear Jaishree,

Kindly go through the termination clause provided in the appointment letter and follow as per it. Carry out FNF activity before exit so that you get all the information which the employee was handling. And also usually termination happens with compensation if found no guilt from the employee. Provide proper reason and feedback for termination to the employee.

2 Likes
3

Hi,

If you have warned and issued the show cause notice at least 2 then can take a call for termination, Strong reason must be in a record for termination.

Regards
Jitendra singh

2 Likes
4

It mainly depends on the reason for termination

Please make sure the termination is in accordance with the employee-employer agreement(appointment letter).

Regards,
Anusree

2 Likes
5

Hi JaishreeVignesh,

Sharing the process:

  1. Consider what is the status of the employee - under probation or confirmed
  2. If identified what status - check the appointment letter - if a notice period is mentioned or not
  3. Check with payroll for his final settlement
  4. Prepare the letter accordingly, clearly mentioning the reason
  5. Check with Line manager - for any access to the system that needs to be put on hold - so you can coordinate with IT immediately
  6. Hand over the letter with the FnF in the other hand - so in case the employee will ask for a glance on what he will get, you can immediately provide.
  7. Depending on company process - if clearance is still required then advise the employee
  8. Settle the FnF within 2 days (as per the new India Labor Law)
  9. It will always be nice to have the letter be acknowledged and the FnF computation if accepted.

Please though the effect is immediate, do not accompany the employee out of the office premises as what other company do… Every employee exit, whether resignation or termination must be handled with confidentiality and utmost Human care. :slight_smile:

3 Likes
6

Thank you for your prompt response

1 Like
7

Thank you for the prompt and detailed response, Ludy. Appreciate it!

2 Likes
8

Hi,
If termination is due to violation of norms which come under zero tolerance policy ( as defined by your company), you may proceed with suspension, followed by enquiry and decision.Otherwise, make sure you have given an instructional memo and at least 2 counseling memos on similar problems. Then you may proceed with disciplinary hearing and action.

Sabu

1 Like
9

can someone send draft format for termination on probation period?

1 Like