Hi friends, this is Neeta, new to this forum.
Friends, I would like to know if an employee who has worked for a company for more than eight years and holds a good position (managerial cadre) can be sacked immediately without any notice because of their involvement in some unethical practices.
Regards,
Neeta
From India, Bangalore
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Friends, I would like to know if an employee who has worked for a company for more than eight years and holds a good position (managerial cadre) can be sacked immediately without any notice because of their involvement in some unethical practices.
Regards,
Neeta
From India, Bangalore
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Go for written evidences and some good proof against him if you have to sack him. Or you may have to loose your job if you are proved wrong. Regards Ank
From India, Pune
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3From India, Pune
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if you have proof with you, there is no point in retaining employees , who are involved in unethical things....i feel there is no need of prior intimation before sacking him/her.... hanuma
From India, Kakinada
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From India, Kakinada
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Please have a look at his appointment letter. There should be a clause about termination in it. Normally, the appointment letter provides for summary termination for misconduct and compensation in lieu of the notice period (payable by the employer) for termination of services, without assigning any reason. You may adopt either of these methods, as applicable, and terminate his services forthwith.
Some companies prefer giving the employee an opportunity to resign voluntarily rather than terminating his/her services, especially if the employee has been with the company for a long time like in this case.
From India, Mumbai
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Some companies prefer giving the employee an opportunity to resign voluntarily rather than terminating his/her services, especially if the employee has been with the company for a long time like in this case.
From India, Mumbai
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Hi Neeta,
I would suggest that you, as mentioned by others, go through the appointment letter details. Conditions are mentioned there. Secondly, I would recommend checking whether the unethical act, as you mentioned, is of civil or criminal nature. For everything, you need to collect proof to support your actions. If there are any complaints by management or staff members, include them in your letter as reasons.
In general, the notice should be given to inquire why the procedure for his/her removal has not been initiated.
Best of luck.
From India, Indore
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I would suggest that you, as mentioned by others, go through the appointment letter details. Conditions are mentioned there. Secondly, I would recommend checking whether the unethical act, as you mentioned, is of civil or criminal nature. For everything, you need to collect proof to support your actions. If there are any complaints by management or staff members, include them in your letter as reasons.
In general, the notice should be given to inquire why the procedure for his/her removal has not been initiated.
Best of luck.
From India, Indore
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Dear Neeta,
As mentioned by other users, first check the nature of the crime, i.e., civil or criminal. If it is a criminal offense, there is no need to give any explanations; however, make sure you have written evidence so that you don't get into any problems later. Regardless of the cadre or position the person holds in the company, if found guilty, the company and management have the right to expel the individual from the office.
The other aspect you have to check upon is the terms and conditions mentioned in the appointment letter. Normally, it states that both parties must give one month's notice when a decision to leave the office takes place, either voluntarily or involuntarily. So, keep this point on the checklist.
Make sure to gather necessary information from colleagues (intra and inter-department), from his official system, i.e., scan the system, so that you have substantial evidence about the activity.
Intimate everything in writing by marking a copy to his immediate supervisor and to your supervisor.
Document the same in hard copies in his individual file along with necessary signatures.
Ensure a formal email or letter goes to every department in your organization either directly or indirectly related. If possible, limit this activity to the department heads so that lower levels in the organization don't get panicked and start discussing. This might result in employee demotivation.
After you perform all the above-mentioned activities, make sure to speak to the accused manager's immediate subordinates and his team to ensure them that job insecurity arises only when an employee is associated with a crime, either civil or criminal, which affects the reputation of the company as a whole. This will show that the company, in line with the HR department, is concerned about the other employees in the department.
I hope the points mentioned will be of some help to you.
All the best.
Regards,
Suresh
From United Arab Emirates, Abu Dhabi
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As mentioned by other users, first check the nature of the crime, i.e., civil or criminal. If it is a criminal offense, there is no need to give any explanations; however, make sure you have written evidence so that you don't get into any problems later. Regardless of the cadre or position the person holds in the company, if found guilty, the company and management have the right to expel the individual from the office.
The other aspect you have to check upon is the terms and conditions mentioned in the appointment letter. Normally, it states that both parties must give one month's notice when a decision to leave the office takes place, either voluntarily or involuntarily. So, keep this point on the checklist.
Make sure to gather necessary information from colleagues (intra and inter-department), from his official system, i.e., scan the system, so that you have substantial evidence about the activity.
Intimate everything in writing by marking a copy to his immediate supervisor and to your supervisor.
Document the same in hard copies in his individual file along with necessary signatures.
Ensure a formal email or letter goes to every department in your organization either directly or indirectly related. If possible, limit this activity to the department heads so that lower levels in the organization don't get panicked and start discussing. This might result in employee demotivation.
After you perform all the above-mentioned activities, make sure to speak to the accused manager's immediate subordinates and his team to ensure them that job insecurity arises only when an employee is associated with a crime, either civil or criminal, which affects the reputation of the company as a whole. This will show that the company, in line with the HR department, is concerned about the other employees in the department.
I hope the points mentioned will be of some help to you.
All the best.
Regards,
Suresh
From United Arab Emirates, Abu Dhabi
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Neeta,
When you discuss with the accused, make sure that you don't initiate the talk in front of all other employees. If possible, ask the accused employee to meet the officials in private, either at a hotel or in a discussion room away from other employees' sight. Try to ask your legal person to accompany you all during the final discussion so that all the proceedings are documented, authorized, and ensure that they comply with the labor law or employee law prevailing in India.
Regards,
Suresh
From United Arab Emirates, Abu Dhabi
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When you discuss with the accused, make sure that you don't initiate the talk in front of all other employees. If possible, ask the accused employee to meet the officials in private, either at a hotel or in a discussion room away from other employees' sight. Try to ask your legal person to accompany you all during the final discussion so that all the proceedings are documented, authorized, and ensure that they comply with the labor law or employee law prevailing in India.
Regards,
Suresh
From United Arab Emirates, Abu Dhabi
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Dear Ms. Neeta,
You can terminate with notice as per the appointment letter or letter of contract. However, there are certain litmus tests that you should conduct:
1. Whether he is a workman or not under Section 2(s) of the Industrial Disputes Act.
2. Just because he is designated as a manager does not necessarily mean he is an exempted employee under the ID Act (please refer to the Vazir Sultan Tobacco Co case - AP High Court).
What sort of jobs and responsibilities has he executed? If his job is purely managerial or administrative in nature, ascertain whether he has control over a team of employees, authorizes leave and denies leave, issues charge sheets or warning letters to employees working under him, conducts appraisals, and recommends increments or no increments, etc.
If the litmus test proves positive, then you can terminate with due notice or salary in lieu of such notice.
Regards,
Michael Nicholas
From India, Madras
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You can terminate with notice as per the appointment letter or letter of contract. However, there are certain litmus tests that you should conduct:
1. Whether he is a workman or not under Section 2(s) of the Industrial Disputes Act.
2. Just because he is designated as a manager does not necessarily mean he is an exempted employee under the ID Act (please refer to the Vazir Sultan Tobacco Co case - AP High Court).
What sort of jobs and responsibilities has he executed? If his job is purely managerial or administrative in nature, ascertain whether he has control over a team of employees, authorizes leave and denies leave, issues charge sheets or warning letters to employees working under him, conducts appraisals, and recommends increments or no increments, etc.
If the litmus test proves positive, then you can terminate with due notice or salary in lieu of such notice.
Regards,
Michael Nicholas
From India, Madras
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Hi friends, thank you a million for your suggestions. I'm sure that I will be able to handle this issue. Our appointment letter mentions that either party should give prior notice of 1 month before leaving the organization voluntarily or involuntarily. However, if this person is asked to report to the office for a month, there are possibilities that he can poison the minds of his teammates. What can be the alternate solutions to handle this?
Regards,
Neeta
From India, Bangalore
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Regards,
Neeta
From India, Bangalore
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Neeta,
I had seen one of the employees who worked for 15 consecutive years with one of the MNCs in Delhi and was sacked within a minute. He was one of the managers and the oldest employee of the company. When he asked the HR and upper management for the cause, the answer was simple: "It's JUST Cause" and even told that management is not answerable to anyone for one reason or another.
Thanks,
Dev
From India, Gurgaon
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I had seen one of the employees who worked for 15 consecutive years with one of the MNCs in Delhi and was sacked within a minute. He was one of the managers and the oldest employee of the company. When he asked the HR and upper management for the cause, the answer was simple: "It's JUST Cause" and even told that management is not answerable to anyone for one reason or another.
Thanks,
Dev
From India, Gurgaon
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Notice of Employee Change.doc