Dear Sir/Madam. One of our employees had tried to harassment at outside the organization and she is not an employee of our organization and she is very near from our organization its only 1 K.M from our organization now the village peoples committed to demonstrating in front of the organization and they all provided one petition to us to take immediate action towards that particular employee and our Managing Director asked me if it’s possible you can terminate him that kind of people no need to work here our management people said like this.
Questions.
1. Now as an HR how can handle this Grievance it's possible to terminate an employee if it's outside problem what the process we need to do is take immediate action.
2. Village people have submitted Written Petition to us to take action against the employee based on this petition we will terminate legally.
3. Village people gave police complaint against him but the police did not take the case but they come an organization and inquired about the issue at the time that employee was an absent the police person wind up that case
4. Still our MD Asking it possible to terminate an employee because the community people forcing to terminate him
So kindly suggest to me as per Legal what are the actions we will take against this Grievance.
From India, Chennai
1Questions.
1. Now as an HR how can handle this Grievance it's possible to terminate an employee if it's outside problem what the process we need to do is take immediate action.
2. Village people have submitted Written Petition to us to take action against the employee based on this petition we will terminate legally.
3. Village people gave police complaint against him but the police did not take the case but they come an organization and inquired about the issue at the time that employee was an absent the police person wind up that case
4. Still our MD Asking it possible to terminate an employee because the community people forcing to terminate him
So kindly suggest to me as per Legal what are the actions we will take against this Grievance.
From India, Chennai
From the facts it is prima facie evident that it is not a case which may fall under Sexual Harassment prevention Act of 2013. Then it has to be seen whether the said employee has committed any misconduct relating to employment. Whether the said action falls within the list of misconducts of company.(see Glaxo case). If not, if employer terminates his employee, it will be held to be without reasonable cause within the meaning of section 41 of the TN shops and establishment Act, 1947 and can be set aside by the authority under the Act. Even if model standing orders are applicable, such act does not fall within the purview of list of misconducts. Merely because villagers have complaint against him, they may pursue separate criminal procedure remedy. Supposing that employee had a tiff at his house with his wife, will you terminate him because locals have complained against him. He can also sue those villagers if the allegations are proved to be false. Yes if list of misconducts include one misconduct that he will not do any such act unbecoming of a civilized person for any act inside or outside the workplace, then probably you could have taken action against him but then also after following procedure as per principles of natural justice. The villagers could then be called as witnesses. Thus in the present situation ask the employee to deter such misbehavior in the wake of complaints by villagers.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
maximum you can do is take disciplinary action against him not because of the harassment issue but because of the nuisance created at the company because of him...... you can not involve, even if you it is difficult to prove, and not an employer's issue. So, employer may only warn against the employee for being the reason of the nuisance at the company, disturbing the environment and reputations of the company and warn him..... with nuisance and malpractice in public places, you can give him a notice and if the act is grave you may suspend but make sure the reasons stated will be as per your company orders.... if you wanna hit the target beyond the wall take the twisted route......
Secondly, police does not take action immediately, they will have (maximum of 90 days) enquiry period to investigate the matter and then they frame the charges as per the facts, witnesses statements and evidence they get..... all you need to do is just make a call and ask how far the investigation is done, and make sure they do not file a B report (false report) to the court.........
From India, Bangalore
Secondly, police does not take action immediately, they will have (maximum of 90 days) enquiry period to investigate the matter and then they frame the charges as per the facts, witnesses statements and evidence they get..... all you need to do is just make a call and ask how far the investigation is done, and make sure they do not file a B report (false report) to the court.........
From India, Bangalore
Dear Sir/Madam,
Thanks for your suggestions i have one more clarification the village peoples gave one petition against him it this petition is useful for taking disciplinary action.
if we go for Disciplinary action What type of Disciplinary action we can take against him
From India, Chennai
Thanks for your suggestions i have one more clarification the village peoples gave one petition against him it this petition is useful for taking disciplinary action.
if we go for Disciplinary action What type of Disciplinary action we can take against him
From India, Chennai
Who prevents the employer in inking the termination warrant of an employee but at the same time he should be ready to pay back wages arrears on reinstatement if the employee is proved to be a workman and his termination is proved to be unlawful. The above case is squarely covered by the decision of the Apex court in Glaxo laboratories v Pressing officer decided in 1983 in which the Situs of misconduct committed was far away from the establishment. In the instant case even the act does not seem to have been covered under list of misconducts even. It was held that if employer is going to control such conditions of service concerning acts done far away from establishment, it will amount to slavery.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
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20200320_Adviso ry MinistryOfLabou r-Not To Terminate-Emplo yeesOrReduceWag es.pdf