Dear Saikumar Very succinctly put !!! I appreciate your feelings, wisdom, and the choice of words and phrases with which you have expressed your views. Excellent !!! Warm regards.
From India, Delhi
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1497From India, Delhi
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If you have a grievance against him, please remember, he may have too many against you as an employer. Precisely for this reason, employees form a union to protect their rights.
First of all, there is no evidence, only an allegation. Are you going to terminate him based solely on an allegation? As our learned professionals have opined, he has every justification to seek legal redress if he feels wronged. Hence, before taking the next step, ensure you have all witnesses and evidence on your side. Seek legal support and follow your lawyer's suggestions. Please do not blindly follow your employer's advice. Sometimes personal prejudices and confrontations lead to such one-sided decisions without providing ample opportunities for the employee under discussion.
Once he goes to the labor court, we often find many skeletons tumbling out of the employer's cupboard as well!
As the HR professional is expected to remain neutral, consider the facts first, the ground realities, be humane, before resorting to victimization to appease someone's offended ego!
Best wishes
From India, Bengaluru
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First of all, there is no evidence, only an allegation. Are you going to terminate him based solely on an allegation? As our learned professionals have opined, he has every justification to seek legal redress if he feels wronged. Hence, before taking the next step, ensure you have all witnesses and evidence on your side. Seek legal support and follow your lawyer's suggestions. Please do not blindly follow your employer's advice. Sometimes personal prejudices and confrontations lead to such one-sided decisions without providing ample opportunities for the employee under discussion.
Once he goes to the labor court, we often find many skeletons tumbling out of the employer's cupboard as well!
As the HR professional is expected to remain neutral, consider the facts first, the ground realities, be humane, before resorting to victimization to appease someone's offended ego!
Best wishes
From India, Bengaluru
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Hello Ramaseshan,
Simhan, Raj Kumar, Tushar Swar, and B. Saikumar have pointed out the various aspects of the case you mentioned and given realistic suggestions. However, there is one point you mentioned that doesn't really align with the rest of the aspects of the case: "Neither we, the employer, are interested in retaining the said employee."
Can you please elaborate on this? Why are you, as the employer, not interested in retaining him? It seems like you have already made up your mind and are only seeking ways from the members to terminate him without the company being affected.
Could you provide more details about this employee - how long has he been on the payroll, his role/level, his past performance, any previous attitude instances, etc.?
Regards,
TS
From India, Hyderabad
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Simhan, Raj Kumar, Tushar Swar, and B. Saikumar have pointed out the various aspects of the case you mentioned and given realistic suggestions. However, there is one point you mentioned that doesn't really align with the rest of the aspects of the case: "Neither we, the employer, are interested in retaining the said employee."
Can you please elaborate on this? Why are you, as the employer, not interested in retaining him? It seems like you have already made up your mind and are only seeking ways from the members to terminate him without the company being affected.
Could you provide more details about this employee - how long has he been on the payroll, his role/level, his past performance, any previous attitude instances, etc.?
Regards,
TS
From India, Hyderabad
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Dear Members,
I totally agree with and respect all the views given by our HR fraternity. However, the real problem lies below.
This question is posed by a contractor who has no choice but to execute the orders of his client. If he executes this order without proving the theft, it will definitely be unjust to that particular employee. If he doesn't execute the order, he may lose his entire contract, and hundreds of his workers will be out of their jobs. (I have assumed that the contractor has no other site where he can transfer this employee, and the client is firm on his demand.) Is there any way out?
With Best Regards,
Gajanan
From India, Pune
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I totally agree with and respect all the views given by our HR fraternity. However, the real problem lies below.
This question is posed by a contractor who has no choice but to execute the orders of his client. If he executes this order without proving the theft, it will definitely be unjust to that particular employee. If he doesn't execute the order, he may lose his entire contract, and hundreds of his workers will be out of their jobs. (I have assumed that the contractor has no other site where he can transfer this employee, and the client is firm on his demand.) Is there any way out?
With Best Regards,
Gajanan
From India, Pune
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When a query is posted without enough information, it is not prudent to assume. My tutor told me once, "Never ASS U ME: when you do, you make an ASS out of U and ME." That's why, usually, I raise questions and do not give any solutions to incomplete scenarios. Many other seniors do the same.
From United Kingdom
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From United Kingdom
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Being a contractor (or otherwise) does not entitle violation of any Labour Laws, principles of natural justice or basic human values. Warm regards.
From India, Delhi
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From India, Delhi
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As Mr. Simhan said, it is difficult for members to come out with clear replies when the queries are based on assumptions or when the queriest conceals facts. Therefore, the replies may tend to be presumptuous. In this particular case, the members have suggested transferring him to a different location. Since he has not stated that he has no other available location, it is assumed that he has a different site or sites to transfer the employee.
B. Saikumar
HR & IR Advisor
From India, Mumbai
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B. Saikumar
HR & IR Advisor
From India, Mumbai
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Dear Rameshan,
Looking at your problem, the best option, as already stated above, is to immediately stop him from attending the client office. Furthermore, you can call him and confront him with the allegation made by the client and hear his side of the story. The fact that you are also not interested in keeping him further shows that his record is not very good.
The question of how to terminate such an employee is complex and cannot be fully answered in this discussion forum with limited facts. First, ascertain whether he has completed 240 days of service. If he has not, then you can go ahead and simply terminate his service. If he is on probation, then for unsatisfactory service, he can be discharged. However, if the situation is different, the best option is to persuade the employee to resign from service. If none of the above is possible, then you need to consult experts who can guide you, as any wrong step can have serious repercussions.
KK
From India, Bhopal
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Looking at your problem, the best option, as already stated above, is to immediately stop him from attending the client office. Furthermore, you can call him and confront him with the allegation made by the client and hear his side of the story. The fact that you are also not interested in keeping him further shows that his record is not very good.
The question of how to terminate such an employee is complex and cannot be fully answered in this discussion forum with limited facts. First, ascertain whether he has completed 240 days of service. If he has not, then you can go ahead and simply terminate his service. If he is on probation, then for unsatisfactory service, he can be discharged. However, if the situation is different, the best option is to persuade the employee to resign from service. If none of the above is possible, then you need to consult experts who can guide you, as any wrong step can have serious repercussions.
KK
From India, Bhopal
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Dear All,
I totally agree with Gajanan. I have been through contract staffing as an HR Representative from the contractor side as well as from the principal employer. There is not much choice for the contractor. Most of the time, they just need to follow instructions and always have the fear of losing the contract.
My advice is ethical and realistic. I myself do not want to be unjust to anyone. Therefore, instead of termination, transfer is a better option.
Regards,
Tushar Swar
From India, Mumbai
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I totally agree with Gajanan. I have been through contract staffing as an HR Representative from the contractor side as well as from the principal employer. There is not much choice for the contractor. Most of the time, they just need to follow instructions and always have the fear of losing the contract.
My advice is ethical and realistic. I myself do not want to be unjust to anyone. Therefore, instead of termination, transfer is a better option.
Regards,
Tushar Swar
From India, Mumbai
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Though Gajanan's question is seemingly an assumption, it can be real as it throws more than an ethical dimension to the issue. However, I agree with the learned member, Mr. K.K. Nair, that it is not possible to discuss issues threadbare when the facts are limited. The suggestions of members will also be punctuated by so many 'ifs' and 'buts,' thus tending to be presumptuous.
B. Saikumar
HR & IR Advisor
From India, Mumbai
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B. Saikumar
HR & IR Advisor
From India, Mumbai
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20200320_Adviso ry MinistryOfLabou r-Not To Terminate-Emplo yeesOrReduceWag es.pdf