We can directly discontinue services of company permanent worker or any procurers ? or what type action we have take on employees?
From India, Daman
1From India, Daman
Dear Amol, You can terminate the permanent employees by giving them the compensation or by giving them notice. Upasana
From India, Delhi
From India, Delhi
The information given is incomplete Please clarify the circumstances under which the employee are to be dismissed and the reason. The Procedure depends on that
From India, Mumbai
From India, Mumbai
The process of natural justice demands that procedure of show cause notice ,domestic inquiry should be followed...
Act in accordance with clauses of standing orders (certified/model), Shops and Commercial Establishment Act.....
From India, Chandigarh
Act in accordance with clauses of standing orders (certified/model), Shops and Commercial Establishment Act.....
From India, Chandigarh
A worker is covered under ID Act and cannot be terminated except by process of retrenchment in accordance with the Act and follow the principle of last come first go and if any person is to be appointed on that post then retrenched person has to be given offer firstly. He can terminated otherwise only because of punishment after following domestic inquiry.
From India, New Delhi
From India, New Delhi
You have not mentioned anything regarding nature of complaint or misconduct as to why workmen should be terminated. As a professional HR , you need to describe nature and gravity both, Gravity becomes essence in case of termination before Labour court to defend adjudication . It only and rarely gets acceptance, when you are over confident that workmen was habitual to repeat one and many misconducts and company has lost faith and even minimum amount of output from him can not be made possible since past.
A permanent workman can not be terminated without affording him opportunity to explain the reasons / justifications of employment related breaches or misconducts. Retrenchment also be not given without prior permission from Labour department. If it is serious misconduct then issue him charge sheet, conduct domestic enquiry and then if found alleged misconducts proved you can terminate. Or else build a case for future action. One practical approach is suggested. See who referred him for employment. If referred by coworker, then call him and speak out that in view of prevailing circumstances, it would be not possible to take along his candidate for longer time. Be ready to pay him extra money equal to Notice pay + retrenchment compensation+gratuity and try to convince workman to go away and start doing something of his likes. This has to be strategy based, at suitable time. You can issue him show cause notice, one, two , three against misbehavior, unauthorized absenteeism , disobedience and repeating that he is instead of improving, going on adding one and more serious types of misconducts which company has taken very seriously and same will not be accepted in any case ---giving feeling that he will be now out very soon. Possibility is there, he himself will approach you straight way to square up his FnF dues with normal acceptance/ relieving certificates. In these days, the success is on second option, its low cost and treatment like Ayurveda, hence no question of reaction.Only thing, that you initiate in a very convincing manner dialogue and observe his response to your efforts.
All the best,
RDS Yadav
Management Consultant and Advisor
From India, Bareilly
A permanent workman can not be terminated without affording him opportunity to explain the reasons / justifications of employment related breaches or misconducts. Retrenchment also be not given without prior permission from Labour department. If it is serious misconduct then issue him charge sheet, conduct domestic enquiry and then if found alleged misconducts proved you can terminate. Or else build a case for future action. One practical approach is suggested. See who referred him for employment. If referred by coworker, then call him and speak out that in view of prevailing circumstances, it would be not possible to take along his candidate for longer time. Be ready to pay him extra money equal to Notice pay + retrenchment compensation+gratuity and try to convince workman to go away and start doing something of his likes. This has to be strategy based, at suitable time. You can issue him show cause notice, one, two , three against misbehavior, unauthorized absenteeism , disobedience and repeating that he is instead of improving, going on adding one and more serious types of misconducts which company has taken very seriously and same will not be accepted in any case ---giving feeling that he will be now out very soon. Possibility is there, he himself will approach you straight way to square up his FnF dues with normal acceptance/ relieving certificates. In these days, the success is on second option, its low cost and treatment like Ayurveda, hence no question of reaction.Only thing, that you initiate in a very convincing manner dialogue and observe his response to your efforts.
All the best,
RDS Yadav
Management Consultant and Advisor
From India, Bareilly
It is not easy to terminate the permanent employee You have to follow long processor
1. Issue show cause notice for employee misconduct.( drafting very carefully)
2.Get employee explanation in writing
3 Charge sheet
4. Domestic inquiry.etc
Dear it is better to give less compensation & approach for reign.
Ajay Bisht
Manager HR(Hospital)
.
From India, Delhi
1. Issue show cause notice for employee misconduct.( drafting very carefully)
2.Get employee explanation in writing
3 Charge sheet
4. Domestic inquiry.etc
Dear it is better to give less compensation & approach for reign.
Ajay Bisht
Manager HR(Hospital)
.
From India, Delhi
Dear Friend
No permanent worker could be terminated until and unless you prove the misconduct committed by him in an inquiry that too after following the procedure
1. Issuing a charge sheet stating what act of workman constitutes misconduct,
2. Getting reply from workman for charge sheet,
3. If his explanation is not satisfied by management, an inquiry is to be conducted by appointing an officer,
4. If inquiry officer holds in an inquiry that delinquent workman is guilty for misconduct then
5. A show cause notice for proposed punishment basing on gravity of misconduct is to be sent to workman
6. On receipt of comments or remarks from workman, you can impose punishment as proposed in show cause notice
7. Discharge / Dismissal / degrade him to lower position / increment cut with or without cumulative effect etc
If you follow this procedure, it is said to be free from all defects and even courts could not interfere in the action taken by an employer against his workmen who are said to be committed misconduct under the standing orders / service rules of the company
Regards
From India, Hyderabad
No permanent worker could be terminated until and unless you prove the misconduct committed by him in an inquiry that too after following the procedure
1. Issuing a charge sheet stating what act of workman constitutes misconduct,
2. Getting reply from workman for charge sheet,
3. If his explanation is not satisfied by management, an inquiry is to be conducted by appointing an officer,
4. If inquiry officer holds in an inquiry that delinquent workman is guilty for misconduct then
5. A show cause notice for proposed punishment basing on gravity of misconduct is to be sent to workman
6. On receipt of comments or remarks from workman, you can impose punishment as proposed in show cause notice
7. Discharge / Dismissal / degrade him to lower position / increment cut with or without cumulative effect etc
If you follow this procedure, it is said to be free from all defects and even courts could not interfere in the action taken by an employer against his workmen who are said to be committed misconduct under the standing orders / service rules of the company
Regards
From India, Hyderabad
No, legally you can't do under normal circumstances, it will be an unfair labour practice on your part. Better adopt appropriate procedure according to the SO and governing laws applicable to your industry.
From India, Mumbai
From India, Mumbai
Dear Amol.kanikar,
I read the responses by various eminent learned members and I would like to give my response differently.
I would like you to be in shoes of the worker. Suppose, you are that permanent worker and your company is terminating your services without giving you any opportunity to be heard. How you will feel in this situation and what you will do or how you will react to it?
Some of our friends have rightly said that you can not terminate the services of permanent worker without following due couse of law. You have to follow principal of natural justice in every case whether it leads to termination of service or not. And mind well, termination is extreme punishment to any person. It is always disproportionate to everything.
From India, Mumbai
I read the responses by various eminent learned members and I would like to give my response differently.
I would like you to be in shoes of the worker. Suppose, you are that permanent worker and your company is terminating your services without giving you any opportunity to be heard. How you will feel in this situation and what you will do or how you will react to it?
Some of our friends have rightly said that you can not terminate the services of permanent worker without following due couse of law. You have to follow principal of natural justice in every case whether it leads to termination of service or not. And mind well, termination is extreme punishment to any person. It is always disproportionate to everything.
From India, Mumbai
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Termination-emp loyment_563.pdf
Termination letter.doc