Dear Seniors,
Please advise on how to terminate an employee immediately. My boss has instructed me to terminate an employee who has sent abusive words by mail to another employee. However, there is no clause in the appointment letter regarding immediate termination.
I am unsure about his Full and Final settlement and the termination letter. Please share your views on this matter. I am looking forward to your response.
Regards,
Raju Makwana
From India, Silvassa
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2Please advise on how to terminate an employee immediately. My boss has instructed me to terminate an employee who has sent abusive words by mail to another employee. However, there is no clause in the appointment letter regarding immediate termination.
I am unsure about his Full and Final settlement and the termination letter. Please share your views on this matter. I am looking forward to your response.
Regards,
Raju Makwana
From India, Silvassa
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Your company must have a code of conduct/Employee handbook wherein termination due to negligence, misconduct, non-performance, etc., would be mentioned. Please refer to the same and let us know what it states. In general, an incident report has to be prepared and further investigated. The individual can be warned by giving a warning letter or a suspension instead of straight termination itself.
From India, Ahmadabad
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From India, Ahmadabad
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How big is your organization? How many employees are working? What is the nature of your business?
Legally, you need to conduct an inquiry. However, based on certain facts, we advise a certain course of action if what you have stated is true. The best option in such cases is to call the employee to your room, confront him with the mail he has sent, and ask him to resign immediately.
From India, Chennai
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Legally, you need to conduct an inquiry. However, based on certain facts, we advise a certain course of action if what you have stated is true. The best option in such cases is to call the employee to your room, confront him with the mail he has sent, and ask him to resign immediately.
From India, Chennai
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Hi,
In case there are no guidelines on involuntary separation defined, then it would be appropriate to investigate the matter and issue a strict warning to the employee for his misbehavior. Clearly mention that in case of a similar incident in the future, the matter will proceed ex parte.
- Gia
From India, Pune
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In case there are no guidelines on involuntary separation defined, then it would be appropriate to investigate the matter and issue a strict warning to the employee for his misbehavior. Clearly mention that in case of a similar incident in the future, the matter will proceed ex parte.
- Gia
From India, Pune
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Dear Raju,
First, you have to conduct an inquiry or counseling to try to understand the situation between both parties. After identifying the facts, you can ask him/her to resign immediately. You cannot terminate them abruptly without paying one month's salary if they are confirmed employees. If the individual is in the probation period, you can terminate their service as per the terms and conditions stated in the appointment letter.
Below are some tips to prevent such misconduct in the organization:
1. Conduct an orientation and induction program for new employees.
2. Establish a code of conduct for your organization.
3. Create a list of do's and don'ts and circulate it to all employees.
4. Lastly, never tolerate such activities in your organization without bias towards any party.
Thanks and Regards
From India, Ranchi
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First, you have to conduct an inquiry or counseling to try to understand the situation between both parties. After identifying the facts, you can ask him/her to resign immediately. You cannot terminate them abruptly without paying one month's salary if they are confirmed employees. If the individual is in the probation period, you can terminate their service as per the terms and conditions stated in the appointment letter.
Below are some tips to prevent such misconduct in the organization:
1. Conduct an orientation and induction program for new employees.
2. Establish a code of conduct for your organization.
3. Create a list of do's and don'ts and circulate it to all employees.
4. Lastly, never tolerate such activities in your organization without bias towards any party.
Thanks and Regards
From India, Ranchi
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We have verbally instructed him and informed him that he is suspended for a few days. He has accepted his mistake, but he is not yet confirmed. His confirmation was due on 01.03.2013, but management has not confirmed him.
Please advise on how we can inquire and proceed further.
Regards,
Raju
From India, Silvassa
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Please advise on how we can inquire and proceed further.
Regards,
Raju
From India, Silvassa
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If you want to terminate him, you can do so now as he has not been confirmed. I presume he is on probation. Do not initiate an inquiry, etc., but terminate him. However, it is better to call him and get a resignation letter from him.
From India, Chennai
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From India, Chennai
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If your management wants to terminate him without any inquiry, then this is the best time since he is under probation. As per the termination clause, you can proceed. But if your management wants to give him a chance to improve, you can extend his probation for a further 3 months, as he has been suspended as per your direction. Since he has accepted his mistake, kindly obtain an apology letter from him to be filed in his personnel file.
From India, Ahmadabad
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From India, Ahmadabad
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Dear Mr. Raju,
Clause of separation/termination must be included in the appointment letter; this is a basic clause that needs to be mentioned in the appointment letter. Now, according to the situation, you can terminate the employee by following these steps:
1. Obtain a written complaint from the other employee to whom he sent an abusive email.
2. Issue a show cause notice to the employee who sent the abusive language email.
3. Receive a reply/confession letter from the employee.
4. Issue another letter from the company's side stating that the management is not satisfied with the explanation provided.
5. Ask him to resign, or else management will terminate him.
6. If he does not submit resignation, then issue a termination letter accordingly.
Discipline is discipline, no compromise. This should serve as a lesson for others. However, before proceeding, you need to thoroughly investigate the case for a fair decision. Do not simply follow your seniors' wording.
Best regards,
Chill HR
URL: [https://www.facebook.com/HRGang](https://www.facebook.com/HRGang)
From India, Gurgaon
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Clause of separation/termination must be included in the appointment letter; this is a basic clause that needs to be mentioned in the appointment letter. Now, according to the situation, you can terminate the employee by following these steps:
1. Obtain a written complaint from the other employee to whom he sent an abusive email.
2. Issue a show cause notice to the employee who sent the abusive language email.
3. Receive a reply/confession letter from the employee.
4. Issue another letter from the company's side stating that the management is not satisfied with the explanation provided.
5. Ask him to resign, or else management will terminate him.
6. If he does not submit resignation, then issue a termination letter accordingly.
Discipline is discipline, no compromise. This should serve as a lesson for others. However, before proceeding, you need to thoroughly investigate the case for a fair decision. Do not simply follow your seniors' wording.
Best regards,
Chill HR
URL: [https://www.facebook.com/HRGang](https://www.facebook.com/HRGang)
From India, Gurgaon
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Dear All,
Questions that emerge are whether the employee is bargainable or non-bargainable. If the employee is bargainable, a show cause notice will have to be issued, and an inquiry conducted. If found guilty in the inquiry, the employee can be dismissed without notice.
If the employee is non-bargainable, then there is no need for any inquiry. In the appointment letter, there must be a clause for termination; follow that. If not, then the employee can still be terminated with the usual notice pay in lieu of notice.
Vibhakar Ramtirthkar.
From India, Pune
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Questions that emerge are whether the employee is bargainable or non-bargainable. If the employee is bargainable, a show cause notice will have to be issued, and an inquiry conducted. If found guilty in the inquiry, the employee can be dismissed without notice.
If the employee is non-bargainable, then there is no need for any inquiry. In the appointment letter, there must be a clause for termination; follow that. If not, then the employee can still be terminated with the usual notice pay in lieu of notice.
Vibhakar Ramtirthkar.
From India, Pune
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Dear Friend,
Why does your company want to terminate the services without giving the employee any chance to explain and apologize? I feel there may be a reason behind this person's losing temper, and even if he is at 100% fault, he still needs to be given a chance to explain and improve. As a company, you also need to consider his performance. Regarding your question about not confirming him as a permanent employee, it appears he was on probation.
Please understand that if you wish to extend the probation of any employee, you have to do so before the last day of probation and in writing. If you fail to do this, the employee is presumed to be confirmed. So decide accordingly.
From India, Delhi
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Why does your company want to terminate the services without giving the employee any chance to explain and apologize? I feel there may be a reason behind this person's losing temper, and even if he is at 100% fault, he still needs to be given a chance to explain and improve. As a company, you also need to consider his performance. Regarding your question about not confirming him as a permanent employee, it appears he was on probation.
Please understand that if you wish to extend the probation of any employee, you have to do so before the last day of probation and in writing. If you fail to do this, the employee is presumed to be confirmed. So decide accordingly.
From India, Delhi
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It is not bad to terminate the employee on the basis of the above-mentioned misconduct. It is not a must to mention in the appointment letter such activities as misconduct, as such activities spoil the working and conducive environment. It is denying the basic living rights of a human being.
From India, Jaipur
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From India, Jaipur
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Dear Sir,
Further to my comment of yesterday, please understand that sending an abusive email to another employee is a private act and cannot be treated as a public matter as per IPC sections covering defamation. This email does not amount to defamation. It can be considered a disciplinary act, but it cannot be deemed as gross misconduct according to various court rulings. Termination on this basis, especially without conducting an impartial inquiry, may not withstand the scrutiny of a court of law. The company should be cautious in this regard. In this case, the HR personnel appear to be biased and have a preconceived notion to dismiss this employee for reasons known best to them. I believe they should request the individual to resign and allow them to depart instead of pursuing this course of action, which could lead to serious problems in the future.
Good Luck,
From India, Delhi
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Further to my comment of yesterday, please understand that sending an abusive email to another employee is a private act and cannot be treated as a public matter as per IPC sections covering defamation. This email does not amount to defamation. It can be considered a disciplinary act, but it cannot be deemed as gross misconduct according to various court rulings. Termination on this basis, especially without conducting an impartial inquiry, may not withstand the scrutiny of a court of law. The company should be cautious in this regard. In this case, the HR personnel appear to be biased and have a preconceived notion to dismiss this employee for reasons known best to them. I believe they should request the individual to resign and allow them to depart instead of pursuing this course of action, which could lead to serious problems in the future.
Good Luck,
From India, Delhi
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Mr. Makwana:
Several members have posted suggestions. It would be good if you respond and let us know if the suggestions have helped you in arriving at a suitable decision. We are also curious to know the conclusive action you have taken. I hope you appreciate that members have taken timeout to provide you with useful inputs.
- Gia
From India, Pune
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Several members have posted suggestions. It would be good if you respond and let us know if the suggestions have helped you in arriving at a suitable decision. We are also curious to know the conclusive action you have taken. I hope you appreciate that members have taken timeout to provide you with useful inputs.
- Gia
From India, Pune
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Appointment Letter to an Employee for fixed period.doc