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Any HR Professionals Who Might Advise Pls - Demotions

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438

Posts

EW EXPLORER

Latest post on 20 April 2016 - 22:33

Definitely, I don't want to do anything underhanded - their end of probation review is coming up and pending the discussions I'm trying to run through my options - but also keeping them in line with the Labour Law which is a bit brutal - you can dismiss someone with no reason in the first 6 months but you can't extend their probation for a few months whilst you put in place a performance improvement plan. Thanks ladies. I have to say that you are an amazing manager. If an employee is really trying and working hard, then the problem is that he/she was recruited for the wrong position. Demotion or I would call it 'reassignment' would be the right thing to do. Just make sure to do it via the MOL and with the employee consent. With managers like you employees can move mountains. Are you hiring :)

56

Posts

EW NEWBIE

Latest post on 20 April 2016 - 15:46

I'm hoping someone might be able to advise me about the MoL/contract implications of how to essentially demote someone. All the information I can find about changing someone's salary on their labour contract is related to increases. The individual is not performing after oodles of training and coaching (they've been with us nearly 6 months, coming up to the end of their probationary period). I can't fault their commitment but it's just not working. I feel for them as they are so hard working and have two thoughts: 1) either to reduce their salary and offer them a financial incentive back up to their original package value or, 2) to offer a lesser position obviously with a reduced salary. I really don't want to make them redundant Hoping someone might be able to shine some light? While you obviously have a big heart and very kind, and taking into consideration you believe this person could manage to do something else. Please take into account that you have trained this person, and said person is not grasping what is being taught, are you prepared to carry on training and in a longer term actually get nothing out of it as the employee. Many would say cut your losses, offering them a different position at a lower salary, might suit, but said person might just take it to keep themselves here in Dubai and then use how kind hearted you have been. Sometimes you need to be cruel to be kind, legally you can let the person go now as the job that said person is supposed to do, is not being done even after the continuous training, during their probation period. Offering the lesser position with a reduced salary, would have an impact,as the people that work with said person could loose respect and treat them differently, so then you might end up with a very unhappy employee, and that can also have consequences. The final decision is yours, I am no legal eagle, but I know what most HR managers would do... Good luck with your decision ..

102

Posts

EW NEWBIE

Latest post on 20 April 2016 - 12:51

Definitely, I don't want to do anything underhanded - their end of probation review is coming up and pending the discussions I'm trying to run through my options - but also keeping them in line with the Labour Law which is a bit brutal - you can dismiss someone with no reason in the first 6 months but you can't extend their probation for a few months whilst you put in place a performance improvement plan. Thanks ladies.

2264

Posts

EW EXPERT

Latest post on 20 April 2016 - 12:21

According to Labour law a company cannot reduce the salary of an employee, without written consent from the employee. This might help: http://www.khaleejtimes.com/legalview/legal-view-unilateral-salary-reduction-is-illegal

1759

Posts

EW EXPERT

Latest post on 20 April 2016 - 12:08

I would offer a lesser position on a reduced salary (if you feel they are capable of being successful in the new job). You can always take them back up at a later date by offering them the original position once they are ready for it.

102

Posts

EW NEWBIE

Latest post on 20 April 2016 - 11:07

I'm hoping someone might be able to advise me about the MoL/contract implications of how to essentially demote someone. All the information I can find about changing someone's salary on their labour contract is related to increases. The individual is not performing after oodles of training and coaching (they've been with us nearly 6 months, coming up to the end of their probationary period). I can't fault their commitment but it's just not working. I feel for them as they are so hard working and have two thoughts: 1) either to reduce their salary and offer them a financial incentive back up to their original package value or, 2) to offer a lesser position obviously with a reduced salary. I really don't want to make them redundant Hoping someone might be able to shine some light?

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