Hello tashu, You are being christened, commissioned since you are required to do the most tough job in HR - because it is most unpleasant ! Be cool and do it objectively. Once done you will have lot of confidence.
Now, following data would have helped to give more constructive draft. However, let us see:
IF HE IS ON PROBATION AND NOT COMPLETED THE PROBN.
Have counselling session. Record a summary of it. Take a final decision and execute it on the last day of probation. Who knows, you may not have to terminate him. (Note - It is always advisable to have mid probation 1 or 2 appraisal/counselling sessions and keep it on record.). IF HE HAS COMPLETED OR ABOUT TO COMPLETE PROBN.
Execute the decision on the last date of probation if you are convinced that you have done all that need to be done to retain him.
NOTE: Last date of probation is convention and not necessarily a mandatory requirement. However, it is essential that he would have completed major portion of the probation and it is likely that identified weaknesses are not likely to improve in the remaining period probation. Exceptions - Theft, misusing company's confidential property, misdemeanor, wrong information, mis-behaviour with lady employees (moral turpitude), etc.
Keep ready the termination letter with settlement cheque. Have a counselling session. Explain the circumstances (If there were earlier appraisals this would become easy) and convey that Management has made a final decision that he should go. Offer him to give his resignation letter and explain him how it helps. Also tell him you are ready to terminate him if he does not resign. In most probability he will resign. If not execute the termination letter.
It is advisable not to give any reasons in the termination letter. This can be noted down in a office memo for records. Pls. remember that the person who has signed the Appointment letter need to be the Terminating authority. (not in terms of person but in terms of authority i.e. designation. e.g. If Chief Executive Officer is the appointing authority Chief Executive Officer should be terminating authority. His higher officer can sign in case it is absolute necessity).
The letter would go like this:
_______________
_________________
__________________ (address) Date: ___________
SUB: Termination letter.
This has reference to your Appointment Letter No.________dated ___________ and the Clause No.________ thereof.
The Management has expressed to you from time to time in their Appraisal sessions and counselling sessions the areas in which you have to show marked improvement.
We regret to say that you have not come to our expectation and your performance has been Unsatisfactory. Management has, therefore, decided to discontinue you from our services.
As per this decision you stand terminated from our services from the close of working hours on _____________________.
Your final dues, if any, will be given to you by our Accounts Department on producing the necessary Clearance Certificate from your Head of the Department and Personnel & Administration.
You are requested to approach the concerned departments for this purpose.
___________________________
(signature of authority).
One more letter:
Address. Date:
SUB: Final Settlement.
Dear Sir,
This has reference to our letter of termination No._________ dated ____________. Your last date of working with us is ___________.
Please find enclosed a cheque No._________dated ________ for Rs._________/- (Rupees _____________only) towards your final settlement.
_____________________
(signature of authority)
FINAL SETTLEMENT:
Pls. ensure, if there is a notice period in Appointment Letter, to include equivalent amount in the final settlement. Include encashment of leave and all other legal dues. Pay unpaid salary and salary due till the date of last working day. Give these workings along with final settlement letter.
I hope this takes care of all angles. In case you need any clarification pls. revert back. Warm Regards, Sanjay Mewar |
