Hello Neeta,
Before sacking any employee, for whatsoever reason it may be, a DOMESTIC ENQUIRY should be conducted where the victim gets an opportunity to be heard. After the enquiry, the management will give the final decision (award him/her). This is what the principle of Natural Justice says. Because sacking an employee is not a child's play, we must consider the consequences of expelling an employee. They might go to labor courts and tribunals to seek justice. In that case, you need to have ample proofs and grounds to support your stance.
Then, you should consider your company's image and goodwill. I always suggest asking the employee to tender resignation, where neither party will be at risk. Otherwise, dear Neeta, it's my sincere request to conduct a Domestic Enquiry before arriving at any final decision.
Regards,
Archana
From India, Pune
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Before sacking any employee, for whatsoever reason it may be, a DOMESTIC ENQUIRY should be conducted where the victim gets an opportunity to be heard. After the enquiry, the management will give the final decision (award him/her). This is what the principle of Natural Justice says. Because sacking an employee is not a child's play, we must consider the consequences of expelling an employee. They might go to labor courts and tribunals to seek justice. In that case, you need to have ample proofs and grounds to support your stance.
Then, you should consider your company's image and goodwill. I always suggest asking the employee to tender resignation, where neither party will be at risk. Otherwise, dear Neeta, it's my sincere request to conduct a Domestic Enquiry before arriving at any final decision.
Regards,
Archana
From India, Pune
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Well, you can terminate subject to the terms and conditions in the appointment letter. With sufficient witnesses/written proofs, you can terminate him by giving him one month's pay in lieu of notice.
Regards,
nktiwari
From United States, Cambridge
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3Regards,
nktiwari
From United States, Cambridge
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As far as this case is concerned, the appointment letter is a ready reference, and there will definitely be a paragraph mentioning the terms and conditions. So, you can proceed accordingly.
Of course, you can dismiss him without mentioning any reason for such unethical practice. However, normally companies ask for voluntary resignation from the particular employee, considering his long service.
For any such action, you must have authentic proof and evidence.
Thanks,
Sampathkumar
From India, New Delhi
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Of course, you can dismiss him without mentioning any reason for such unethical practice. However, normally companies ask for voluntary resignation from the particular employee, considering his long service.
For any such action, you must have authentic proof and evidence.
Thanks,
Sampathkumar
From India, New Delhi
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Hi,
It depends upon the clause written in the Appointment Letter. If it is written that he can be terminated, but as per Labor Laws, one month notice or one month's salary has to be given. But if it is written in the Appointment letter, you may.
Thanks and Regards,
Sreejith
From India, New Delhi
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It depends upon the clause written in the Appointment Letter. If it is written that he can be terminated, but as per Labor Laws, one month notice or one month's salary has to be given. But if it is written in the Appointment letter, you may.
Thanks and Regards,
Sreejith
From India, New Delhi
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Such sacking can happen if it is included as a termination clause in the offer letter or in the benefits manual that is openly circulated. However, enough written evidence needs to be collected to prove that the findings were of such a nature that could lead to immediate termination, irrespective of the grade.
There can also be a factor where the employee was given a chance to put forth their defense, and this has been adequately recorded and signed. Failing this, the sacked employee can approach the court, pleading that he/she was not allowed a defense.
From United Kingdom, Belfast
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There can also be a factor where the employee was given a chance to put forth their defense, and this has been adequately recorded and signed. Failing this, the sacked employee can approach the court, pleading that he/she was not allowed a defense.
From United Kingdom, Belfast
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Hi, It is not required for the HR or management to give notice period to the employee who went against the company. Thans Pallavi.
From India, Mumbai
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From India, Mumbai
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I fully agree with the views of Archana. No employee can be sacked without an inquiry and following the disciplinary proceeding against him/her. A notice should be given to the concerned person setting out the misconduct, asking him to reply within a specified period (maybe one week).
Once he submits his defense, conduct an in-person inquiry, record the proceedings of the inquiry in writing, sign the proceedings (both you and the employee concerned), and then only send your recommendation in writing to the management for his/her dismissal, clearly stating the grounds for dismissal.
Adopting this procedure will help you a lot if the dismissed person goes to court. If the procedure is proper, the courts will look into the merits of the case. If the procedure is improper, then the court will set aside the dismissal order without even going into the merits of the case.
Sachin Jayaswal
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Once he submits his defense, conduct an in-person inquiry, record the proceedings of the inquiry in writing, sign the proceedings (both you and the employee concerned), and then only send your recommendation in writing to the management for his/her dismissal, clearly stating the grounds for dismissal.
Adopting this procedure will help you a lot if the dismissed person goes to court. If the procedure is proper, the courts will look into the merits of the case. If the procedure is improper, then the court will set aside the dismissal order without even going into the merits of the case.
Sachin Jayaswal
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Usually, there is a provision for pay in lieu of notice from either side. Since his continuation in the company is undesirable, notice pay may br given in lieu of the notice of one month. Ashok
From India, Bhubaneswar
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From India, Bhubaneswar
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In such a case, if the sacked employee was in a service agreement with the company, can the company claim the bond amount? As you know, all employment bonds are one-sided, i.e., the employee always has to pay. Here, the company is asking the employee to leave, so can the company claim the bond amount? Please reply; it's urgent.
From India, Hyderabad
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From India, Hyderabad
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Notice of Employee Change.doc