Dear All, One of my employee who is ignore instruction of his superior and lastly director. can i get letter format for relieve an employee as he is working under probation period
From India, Bhavnagar
From India, Bhavnagar
Dear Nishant,
If the employee is on probation and he has temerity to insubordinate, then no need to give him relieving letter as such. Call him and tell him to put letter of resignation.
The other side is that, please check why did he insubordinate? Was the instruction illegal? Was the instruction out of purview of his job? Was he provided with adequate raw material, tools etc to perform the ordered task? Does he openly admits that he does not have requisite skills to do particular activity? Is it that you are expecting ass to do horse's job? Please do not ignore these questions.
Recently Supreme Court has ruled that employee cannot be terminated for refusing to obey illegal orders. Please keep this thing in mind before you go ahead.
Thanks,
DVD
From India, Bangalore
7883If the employee is on probation and he has temerity to insubordinate, then no need to give him relieving letter as such. Call him and tell him to put letter of resignation.
The other side is that, please check why did he insubordinate? Was the instruction illegal? Was the instruction out of purview of his job? Was he provided with adequate raw material, tools etc to perform the ordered task? Does he openly admits that he does not have requisite skills to do particular activity? Is it that you are expecting ass to do horse's job? Please do not ignore these questions.
Recently Supreme Court has ruled that employee cannot be terminated for refusing to obey illegal orders. Please keep this thing in mind before you go ahead.
Thanks,
DVD
From India, Bangalore
Thanks for reply sir, i have to clarify that he is not given respect to superior and directors when we deny to take leave than he also gone to leave. Kindly suggest what to do ?
From India, Bhavnagar
From India, Bhavnagar
Dear Nishanth .
Some time its happened because of in origination level some of employees for various reasons they quiet jobs without any resignation , that time we take initiative for settlement for candidate so this situation we have to find out the candidate number like searching the candidate personnel file if the candidate he is not replay to our calls and anything's as for labour law we have to raise the show -cause notice to the candidates as per without informing to origination , sending all showcase notice steps finally candidate he will terminated but you have to maintain all postal issued show-cause notice this is required because some time it will raises some problems like if the employees come and ask you , Do go negative way just you show but must signed show cause letters your head of the department .I think its enough the information
Regards.
UDAY
MANGER
From India, Bangalore
Some time its happened because of in origination level some of employees for various reasons they quiet jobs without any resignation , that time we take initiative for settlement for candidate so this situation we have to find out the candidate number like searching the candidate personnel file if the candidate he is not replay to our calls and anything's as for labour law we have to raise the show -cause notice to the candidates as per without informing to origination , sending all showcase notice steps finally candidate he will terminated but you have to maintain all postal issued show-cause notice this is required because some time it will raises some problems like if the employees come and ask you , Do go negative way just you show but must signed show cause letters your head of the department .I think its enough the information
Regards.
UDAY
MANGER
From India, Bangalore
Dear Nishant Gandhi,
If the employee has gone on leave despite it not being approved, you can use remedy under Law for the same.
Now you have two options - a) If its possible, ask the employee to resign asap. Give him his dues and experience certificate and the case is closed.
b) If you want to follow the book ; You can also chargesheet the employee or insubordination, disciplinary issues. However, for this you will need to follow the procedure by the book. It will take approx. 02 months to complete the procedure and if found guilty, employee can be terminated or a suitable disciplinary action be taken. But if you wish to opt for this method, then you should ensure firstly that the reason for insubordination can be justified and is valid. To check this - please refer to Mr Divekar's post wherein he has given suitable questions to be asked to establish the claim.
Please let us know which option is suitable, if you wish to chargesheet, then I can give you the detailed process for the same.
Regards,
Deena Jagasia
From India, Mumbai
If the employee has gone on leave despite it not being approved, you can use remedy under Law for the same.
Now you have two options - a) If its possible, ask the employee to resign asap. Give him his dues and experience certificate and the case is closed.
b) If you want to follow the book ; You can also chargesheet the employee or insubordination, disciplinary issues. However, for this you will need to follow the procedure by the book. It will take approx. 02 months to complete the procedure and if found guilty, employee can be terminated or a suitable disciplinary action be taken. But if you wish to opt for this method, then you should ensure firstly that the reason for insubordination can be justified and is valid. To check this - please refer to Mr Divekar's post wherein he has given suitable questions to be asked to establish the claim.
Please let us know which option is suitable, if you wish to chargesheet, then I can give you the detailed process for the same.
Regards,
Deena Jagasia
From India, Mumbai
Dear Uday,
The law as well as the letter of appointment would be very clear wrt conditions pertaining to termination of probation of an employee (who is on probation). As a matter of fact the services of an employee can be terminated without any proceedings in case his performance is not found upto the requirement despite periodical advice/ guidance by his superiors.In this case also the letter has to amply clarify/ substaitiate the cause of termination of the probation.
In case the probation of an employee is necessitated by his performance/conduct causing a stigma on him/her, you have to issue him a charge sheet elaborating acts of misconduct alleged and afford him a reasonable opportunity to rebut/defend himself. Even a domestic enquiry will have to conducted to establish charges levelled, in case he denies them primafacie. Only having proved charges levelled you can terminate the probation period on disciplinary grounds.
In case of any further doubt you can rely upon me.
S.K.Johri
From India, Delhi
The law as well as the letter of appointment would be very clear wrt conditions pertaining to termination of probation of an employee (who is on probation). As a matter of fact the services of an employee can be terminated without any proceedings in case his performance is not found upto the requirement despite periodical advice/ guidance by his superiors.In this case also the letter has to amply clarify/ substaitiate the cause of termination of the probation.
In case the probation of an employee is necessitated by his performance/conduct causing a stigma on him/her, you have to issue him a charge sheet elaborating acts of misconduct alleged and afford him a reasonable opportunity to rebut/defend himself. Even a domestic enquiry will have to conducted to establish charges levelled, in case he denies them primafacie. Only having proved charges levelled you can terminate the probation period on disciplinary grounds.
In case of any further doubt you can rely upon me.
S.K.Johri
From India, Delhi
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