Dear experts, 1. On which grounds an employee can be dismissed? 2 Do we need to follow a process for dismissal? Kindest regards,
From India, Bhubaneswar
Acknowledge(0)
Amend(0)
3From India, Bhubaneswar
Acknowledge(0)Amend(0)
Indiscipline, misbehavior, repeated violation of rules are examples on which employees can be dismissed. Following the due procedure of natural justice, evidence collation, and providing a full opportunity to defend is necessary. Dismissal should always be the last resort when violations are serious or repeated, such as indiscipline, etc.
From India, Pune
Acknowledge(0)Amend(0)
From India, Pune
Acknowledge(0)Amend(0)
Hello,
An employee can be dismissed for acts or misconduct as defined under the Industrial Disputes Act, 1947, or the Industrial Employment Standing Orders applicable to your company.
However, please note that these laws are applicable to workmen only and not every employee (workmen as defined in IDA). It is mandatory to have a disciplinary inquiry before any dismissal action can be taken.
On the other hand, if the employee does not fall under the category of workmen, he can be dismissed by the management directly. A reasonable approach would be to issue a show cause notice and provide a chance for the non-workman employee to present his justification to avoid any civil litigation for damages. However, the decision for dismissal will be at the discretion of the management only.
I hope this answers your query. (Please remember the separate classes of employees).
Regards,
Acknowledge(0)Amend(0)
An employee can be dismissed for acts or misconduct as defined under the Industrial Disputes Act, 1947, or the Industrial Employment Standing Orders applicable to your company.
However, please note that these laws are applicable to workmen only and not every employee (workmen as defined in IDA). It is mandatory to have a disciplinary inquiry before any dismissal action can be taken.
On the other hand, if the employee does not fall under the category of workmen, he can be dismissed by the management directly. A reasonable approach would be to issue a show cause notice and provide a chance for the non-workman employee to present his justification to avoid any civil litigation for damages. However, the decision for dismissal will be at the discretion of the management only.
I hope this answers your query. (Please remember the separate classes of employees).
Regards,
Acknowledge(0)Amend(0)
Fair and Just Employers are many who, for their establishments, define sufficiently precise terms of employment and conditions of work which apply equally to every employed individual, as well as others present within their establishments at a point of time.
What sets them apart is the manner disciplinary actions are initiated for alleged acts of misconduct. On conclusion of domestic/internal/managerial inquiry in accordance with the principles of natural justice as well as tenet of proportionate punishment, the ultimate punishment of "Discharge" is decided by the punishing authority keeping in mind the severity and gravity of the proven act of serious misconduct, which is valid in law (Certified Standing Orders).
Kritarth Consultants, Management Care-Takers, Bengaluru Service Delivery Centre 21.4.20
From India, Delhi
Acknowledge(0)Amend(0)
What sets them apart is the manner disciplinary actions are initiated for alleged acts of misconduct. On conclusion of domestic/internal/managerial inquiry in accordance with the principles of natural justice as well as tenet of proportionate punishment, the ultimate punishment of "Discharge" is decided by the punishing authority keeping in mind the severity and gravity of the proven act of serious misconduct, which is valid in law (Certified Standing Orders).
Kritarth Consultants, Management Care-Takers, Bengaluru Service Delivery Centre 21.4.20
From India, Delhi
Acknowledge(0)Amend(0)
Dear Amar,
You can dismiss an employee if he is covered by standing orders that involve mainly manual, technical, clerical, supervisory, skilled, or unskilled nature of work, and if he has indulged in any grave and serious misconduct as per the Model Standing Orders or any standing orders applicable to your organization. You need to conduct a proper legal inquiry and give him a full opportunity to defend himself. After the misconduct is proved, the inquiry officer finds him guilty, and you need to send a copy of the findings to him before dismissing him.
In case of surplusage, you can resort to retrenchment by following the provisions of Section 25F of the ID Act.
From India, Pune
Acknowledge(0)Amend(0)
You can dismiss an employee if he is covered by standing orders that involve mainly manual, technical, clerical, supervisory, skilled, or unskilled nature of work, and if he has indulged in any grave and serious misconduct as per the Model Standing Orders or any standing orders applicable to your organization. You need to conduct a proper legal inquiry and give him a full opportunity to defend himself. After the misconduct is proved, the inquiry officer finds him guilty, and you need to send a copy of the findings to him before dismissing him.
In case of surplusage, you can resort to retrenchment by following the provisions of Section 25F of the ID Act.
From India, Pune
Acknowledge(0)Amend(0)
It depends on the Laws applicable on your industry and to the employee to be dismissed. In my opinion, any dismissal, should be done with proper consultation with a Labour Lawyer.
From India, Faridabad
Acknowledge(0)Amend(0)
From India, Faridabad
Acknowledge(0)Amend(0)
Dear Amar,
You have not shared the details regarding the misconducts committed by the employee. If the query is raised purely on academic interest, then in my opinion, the following can be considered as grounds:
1. If the misconduct is very grave in nature.
2. If sufficient opportunities were given to the employee earlier.
3. If management is fully convinced that he has become a 'sour' to destroy the whole milk.
Before initiating the dismissal process, you have to follow the principle of natural justice/law of the land. Proper legal procedures should be followed by availing the services of a registered legal practitioner who is specialized in Labour and Industrial Laws, in conducting domestic inquiries, etc.
From India, Aizawl
Acknowledge(0)Amend(0)
You have not shared the details regarding the misconducts committed by the employee. If the query is raised purely on academic interest, then in my opinion, the following can be considered as grounds:
1. If the misconduct is very grave in nature.
2. If sufficient opportunities were given to the employee earlier.
3. If management is fully convinced that he has become a 'sour' to destroy the whole milk.
Before initiating the dismissal process, you have to follow the principle of natural justice/law of the land. Proper legal procedures should be followed by availing the services of a registered legal practitioner who is specialized in Labour and Industrial Laws, in conducting domestic inquiries, etc.
From India, Aizawl
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.