Hi, dear all.
Please inform me how we can terminate an employee who came drunk to the night shift in the textile factory. What should be the procedure and what could be the material evidence gathered in this incident?
Please suggest, awaiting a prompt response.
Jawahar
From India, Mumbai
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Please inform me how we can terminate an employee who came drunk to the night shift in the textile factory. What should be the procedure and what could be the material evidence gathered in this incident?
Please suggest, awaiting a prompt response.
Jawahar
From India, Mumbai
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Dear,
Termination of services is like a death penalty in criminal offenses. Everyone has seen that the culprit of the Mumbai attack, Kasim, was caught red-handed. Still, all formalities have to be conducted before imparting any punishment to him.
You have to ask for an explanation from him, issue a charge sheet, conduct a domestic inquiry as per the principles of natural justice, and give him all opportunities to explain himself.
How will you prove now that he has been drinking? Have you obtained the medical report for the same? There are a lot of loopholes for legal termination.
Thanks,
J. S. Malik
From India, Delhi
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174Termination of services is like a death penalty in criminal offenses. Everyone has seen that the culprit of the Mumbai attack, Kasim, was caught red-handed. Still, all formalities have to be conducted before imparting any punishment to him.
You have to ask for an explanation from him, issue a charge sheet, conduct a domestic inquiry as per the principles of natural justice, and give him all opportunities to explain himself.
How will you prove now that he has been drinking? Have you obtained the medical report for the same? There are a lot of loopholes for legal termination.
Thanks,
J. S. Malik
From India, Delhi
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Dear Mr. Gupta,
You can, of course, terminate an employee on the grounds of entering the factory premises under the influence of alcohol, but for that, some procedures need to be followed. Please conduct a preliminary investigation on the matter and try to gather as much proof as possible, based on which the charge sheet will be issued. After that, there are two options - the employee admitting to his misconduct, for which you may or may not terminate him, or the employee not admitting to his fault. In that case, a proper domestic enquiry needs to be conducted, and according to the principles of natural justice, all opportunities for his defense need to be given to him. If the misconduct is proved, only then can you proceed with the necessary actions. Otherwise, not.
Regards
From India, New Delhi
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You can, of course, terminate an employee on the grounds of entering the factory premises under the influence of alcohol, but for that, some procedures need to be followed. Please conduct a preliminary investigation on the matter and try to gather as much proof as possible, based on which the charge sheet will be issued. After that, there are two options - the employee admitting to his misconduct, for which you may or may not terminate him, or the employee not admitting to his fault. In that case, a proper domestic enquiry needs to be conducted, and according to the principles of natural justice, all opportunities for his defense need to be given to him. If the misconduct is proved, only then can you proceed with the necessary actions. Otherwise, not.
Regards
From India, New Delhi
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DISCIPLINARY ACTION.ppt
Record of disciplinary action.doc