Dear Seniors,
Greetings!
Recently, my organization has realized that there are some individuals who are repeatedly making mistakes, thereby reducing the efficiency of the organization. The organization is contemplating taking action against this issue. Some members feel that a "MEMO" system should be implemented in the organization, even though it is not currently practiced. However, no one has a clear idea about the process.
To the best of my knowledge, if an employee receives three memos, they may be terminated as per the law. This could potentially be used against honest employees if line managers are dissatisfied due to personal reasons.
I seek your suggestions on the best approach to implement this MEMO system, ensuring it benefits both the organization and its employees.
Thank you,
From India, Mumbai
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8Greetings!
Recently, my organization has realized that there are some individuals who are repeatedly making mistakes, thereby reducing the efficiency of the organization. The organization is contemplating taking action against this issue. Some members feel that a "MEMO" system should be implemented in the organization, even though it is not currently practiced. However, no one has a clear idea about the process.
To the best of my knowledge, if an employee receives three memos, they may be terminated as per the law. This could potentially be used against honest employees if line managers are dissatisfied due to personal reasons.
I seek your suggestions on the best approach to implement this MEMO system, ensuring it benefits both the organization and its employees.
Thank you,
From India, Mumbai
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"As far as I know, if an employee gets 3 memos, he will be terminated by law."
There is no such law. If you want to terminate an employee, it is essential to issue a show cause or charge sheet to the employee, seeking an explanation from them. If you are not satisfied with their reply or explanation, then the company has to initiate a domestic enquiry with the assistance of an outsider as the enquiry officer, giving the employee all possible opportunities to defend their case. Upon receipt of the report from the enquiry officer, you can impose any kind of punishment on the employee, including termination. The quantum of punishment should be proportional to the gravity of the misconduct.
From India, Kolkata
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There is no such law. If you want to terminate an employee, it is essential to issue a show cause or charge sheet to the employee, seeking an explanation from them. If you are not satisfied with their reply or explanation, then the company has to initiate a domestic enquiry with the assistance of an outsider as the enquiry officer, giving the employee all possible opportunities to defend their case. Upon receipt of the report from the enquiry officer, you can impose any kind of punishment on the employee, including termination. The quantum of punishment should be proportional to the gravity of the misconduct.
From India, Kolkata
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There is no such law requiring you to terminate an employee after three memos. Learned member Ritesh explained the procedure to be followed before terminating an employee. You have stated that the employees are honest and you sought to know whether you can invoke the memo process against them because some line managers want it for personal reasons. My view is that you should take an action that will have an adverse effect on the employee on the merits of the case but not on the basis of personal whims and fancies of some others. Honesty is becoming a scarce commodity now in the employment market. It is better to have honest people first. However, honesty cannot be a ground to condone laxity in work. Honest people are normally sensitive too. Therefore, instead of straight away issuing memos, it is better to employ a counseling process and then monitor their work, correcting them by keeping them under a mentor. If they still persist in committing mistakes, you can first issue an advisory memo asking them to be careful in performing their work. If they do not mend their ways, you can issue an administrative memo with details of their lapses and cautioning them not to be casual in discharging their duties. This can be followed by a warning memo. I think they will mend their ways by now. If not, you can take disciplinary action as suggested by Mr. Ritesh.
B. Saikumar
HR & Labour Law Advisor
Navi Mumbai
From India, Mumbai
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B. Saikumar
HR & Labour Law Advisor
Navi Mumbai
From India, Mumbai
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