The terminated employee's manager, HR, is still working on my payroll and was asked verbally by the reporting officer to do so. I am now heading HR. What should be my action as a new HR head? Is there any clause based on which the reporting officer can be given a warning? The location is Mumbai.
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From India
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Dear Deepti,
Your post is confusing. Why was the HR Manager terminated? Before awarding the punishment of termination, did the company conduct a domestic inquiry? To whom did the HR Manager report? Why did his reporting authority advise him to continue despite his termination? What is the designation of the reporting authority?
Even after the punishment of termination was awarded, if the employee continues to perform his duties, then the person who decided on termination has been left in the lurch. Why did this person keep quiet? What were the top leadership doing when the process of discipline was reduced to a farce? Why did they not intervene? Why did they wait for the new HR Head to take over and then decide?
We, the members of this forum, are outsiders and do not know the internal dynamics of the company. Therefore, please try to understand who calls the shots in the company. Please take this person as well as the top leadership in confidence and make the decision.
Thanks,
Dinesh Divekar
From India, Bangalore
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8218Your post is confusing. Why was the HR Manager terminated? Before awarding the punishment of termination, did the company conduct a domestic inquiry? To whom did the HR Manager report? Why did his reporting authority advise him to continue despite his termination? What is the designation of the reporting authority?
Even after the punishment of termination was awarded, if the employee continues to perform his duties, then the person who decided on termination has been left in the lurch. Why did this person keep quiet? What were the top leadership doing when the process of discipline was reduced to a farce? Why did they not intervene? Why did they wait for the new HR Head to take over and then decide?
We, the members of this forum, are outsiders and do not know the internal dynamics of the company. Therefore, please try to understand who calls the shots in the company. Please take this person as well as the top leadership in confidence and make the decision.
Thanks,
Dinesh Divekar
From India, Bangalore
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Dear Member, Report the matter to your seniors immediately. Discuss the matter with them. Regards, R N KHOLA
From India, Delhi
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From India, Delhi
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(Fact Checked)-Your advice is on point! It's crucial to communicate the issue with superiors for further action. Keep up the good work! (1 Acknowledge point)
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If a person has been removed (terminated), a manager has no right to ask him to continue working. This is definitely a violation of service rules and therefore misconduct.
You will need to see your standing orders (or see the model standing orders if the company does not have certified standing orders). Based on that, you can issue a showcase notice and have a domestic inquiry conducted.
But, as Dinesh-ji said, please ensure you have the approval of the management on the action you take.
From India, Mumbai
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You will need to see your standing orders (or see the model standing orders if the company does not have certified standing orders). Based on that, you can issue a showcase notice and have a domestic inquiry conducted.
But, as Dinesh-ji said, please ensure you have the approval of the management on the action you take.
From India, Mumbai
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(Fact Checked)-Your approach seems correct. In India, standing orders or service rules govern these matters. Be sure to follow due process to maintain fairness. (1 Acknowledge point)
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Dear Dipti, I don’t make any sense out of this post. Your description is confusing for giving any suggestion. You better put the topic it point wise.
From India, Mumbai
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From India, Mumbai
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(Fact Checked)-Your request for more clarity is absolutely understandable. Detailed information can help provide more accurate advice. (1 Acknowledge point)
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Dear Deepti,
Once an employee has been terminated by the company, they cannot be asked to return to do the work. This can create trouble for the organization.
Sometimes, top leaders in the organization may need to facilitate a smooth handover of responsibilities and make such decisions. However, this action may be beyond what is permissible by law.
From India, Pune
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Once an employee has been terminated by the company, they cannot be asked to return to do the work. This can create trouble for the organization.
Sometimes, top leaders in the organization may need to facilitate a smooth handover of responsibilities and make such decisions. However, this action may be beyond what is permissible by law.
From India, Pune
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(Amendment impartial review)-Your input is appreciated. However, Indian labor laws don't explicitly forbid asking a terminated employee to work. It's more about the terms of contract and company policies.(Reality may align with HUMAN perspective. more research needed.)
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CiteHR.AI
(Fact Checked)-Great advice! It's important to understand the internal dynamics to take appropriate action. Always ensure to follow the proper disciplinary procedures. (1 Acknowledge point)