Dear professionals,
I am working in a manufacturing unit(pvt ltd co)(50 employees working) as an HR executive. My problem is an employee is not doing his work properly. So I gave him a small counselling and after that he told that he will do his responsibilities without any fail. But the same problem continues and I am getting complaints from almost all employees about him. after that I scolded him and now he is threatening me that, If you can terminate me. He is always getting some advices from advocates and some chotta political leaders. Because of their support only, he is threatening me. He is working in our dispatch section and almost he is sitting Idle. Actually his designation is equal to a peon. But if we asked to something he is telling that, he is not our peon. His job timing is from 10 to 6.30. He is reaching almost at 10.20. I WANT TO TERMINATE HIM. CAN ANYONE PLS HELP ME, HOW AND WHICH REASON I CAN USE??
From India, Kochi
I am working in a manufacturing unit(pvt ltd co)(50 employees working) as an HR executive. My problem is an employee is not doing his work properly. So I gave him a small counselling and after that he told that he will do his responsibilities without any fail. But the same problem continues and I am getting complaints from almost all employees about him. after that I scolded him and now he is threatening me that, If you can terminate me. He is always getting some advices from advocates and some chotta political leaders. Because of their support only, he is threatening me. He is working in our dispatch section and almost he is sitting Idle. Actually his designation is equal to a peon. But if we asked to something he is telling that, he is not our peon. His job timing is from 10 to 6.30. He is reaching almost at 10.20. I WANT TO TERMINATE HIM. CAN ANYONE PLS HELP ME, HOW AND WHICH REASON I CAN USE??
From India, Kochi
Dear Preethu, Even i am working in a manufacturing company. You need to give me some details like is he in your company rolls or into contractor rolls.
From India
From India
Hi Preethu,
U just discuss regarding this with your top management.
You will get some support right..........
Think and do because these guys use the name of trade union and create big issues.....
Have you discussed about this to your management? What they are saying?
From India, Madras
13U just discuss regarding this with your top management.
You will get some support right..........
Think and do because these guys use the name of trade union and create big issues.....
Have you discussed about this to your management? What they are saying?
From India, Madras
Hi Bharathi,
Thanks for your reply. Not yet discussed with top management. Regional manager knows about this issue. even he wants to terminate him. My question is how I can terminate him?? which reason I can pointout against him??
Regards
Preethul
From India, Kochi
Thanks for your reply. Not yet discussed with top management. Regional manager knows about this issue. even he wants to terminate him. My question is how I can terminate him?? which reason I can pointout against him??
Regards
Preethul
From India, Kochi
According to me, better thing is to discuss with your top management not to your regional head.
From India
From India
Primarily you have to ensure that you are competent to initiate a disciplinary action against an employee. You being an HR Executive, I don't think that you are. If so, your Manager under whom the accused employee also comes can initiate. Do not rely on the verbal instructions of the Regional Manager. Study the protocol and ask the RM to issue a show cause notice to the employee and start a disciplinary action legally, failing which the court will say that you have terminated the service of an employee without following the principles of natural justice and therefore, you should reinstate him. That will be embarrassing for you. Now, if you are not a competent authority to initiate disciplinary action but you did it, then also your act of terminating or even the act of calling him to show cause will be challenged saying that "only appointing authority can terminate".
However, it is time to start with creating or documenting evidences against the employee. Document his KRAs, his late coming, misbehavior etc etc by giving him warning letters and show cause memos and collecting written complaint from other employees. It is often found that employees who talk about a bad employee will not come and say a word against that employee when they are called to appear before an Enquiry officer. Therefore, if you have written evidence it will be easy for you to prove his misconduct before the Enquiry officer. Similarly, if you follow the enquiry proceedings step by step, no court will say that you should reinstate the employee. Therefore, I advise you to start a disciplinary action by giving him a show cause notice and then conducting an enquiry and giving him an opportunity to be heard.
Regards,
Madhu.T.K
From India, Kannur
However, it is time to start with creating or documenting evidences against the employee. Document his KRAs, his late coming, misbehavior etc etc by giving him warning letters and show cause memos and collecting written complaint from other employees. It is often found that employees who talk about a bad employee will not come and say a word against that employee when they are called to appear before an Enquiry officer. Therefore, if you have written evidence it will be easy for you to prove his misconduct before the Enquiry officer. Similarly, if you follow the enquiry proceedings step by step, no court will say that you should reinstate the employee. Therefore, I advise you to start a disciplinary action by giving him a show cause notice and then conducting an enquiry and giving him an opportunity to be heard.
Regards,
Madhu.T.K
From India, Kannur
Hello Preethul,
Madhu.T.K has suggested you the right way--FIRST BUILD-UP THE CASE.
And secondly, NEVER EVER MAKE A THREAT THAT YOU CAN'T CARRY OUT--in the worst-case scenario. In such IR situations, it's easy to get carried away & say--I will terminate you, etc & when you realize, that you aren't empowered to do so, imagine your position/situation from then on--like Madhu TK mentioned.
You would be having some sort of fool-proof method to track daily attendance--use it to build-up his late-coming records, and early-leaving ones too, if they exist.
Since you mention he is working in the dispatch section, his work, or the lack of it, must definitely be effecting many departments--get the Heads of those depts to issue memos/letters to this person or maybe send complaint letters to HR [based on which you can handle the memos issuing aspect].
If you look @ the practical scenario, you would get many such opportunities/situations thru which you can build-up the case.
Rgds,
TS
From India, Hyderabad
Madhu.T.K has suggested you the right way--FIRST BUILD-UP THE CASE.
And secondly, NEVER EVER MAKE A THREAT THAT YOU CAN'T CARRY OUT--in the worst-case scenario. In such IR situations, it's easy to get carried away & say--I will terminate you, etc & when you realize, that you aren't empowered to do so, imagine your position/situation from then on--like Madhu TK mentioned.
You would be having some sort of fool-proof method to track daily attendance--use it to build-up his late-coming records, and early-leaving ones too, if they exist.
Since you mention he is working in the dispatch section, his work, or the lack of it, must definitely be effecting many departments--get the Heads of those depts to issue memos/letters to this person or maybe send complaint letters to HR [based on which you can handle the memos issuing aspect].
If you look @ the practical scenario, you would get many such opportunities/situations thru which you can build-up the case.
Rgds,
TS
From India, Hyderabad
Your is a small company it seems. I don't think any pbm in immediate retrenchment citing redundancy. In this era, many corporates are firing the ppl within no time citing some reasons like cost cutting, austerity measures, etc.
Pon
From India, Lucknow
Pon
From India, Lucknow
I presume that the employee is a senior most person in the category. If you terminate him without reasons or just due to redundancy also you will be attracting troubles because if you want to terminate an employee due to redundancy you should be terminating (let me use the word retrenchment here)the LAST person to be appointed in the same category. That means termination of service due to redundancy will come under the purview of Industrial Disputes Act. I can understand what PON wanted to say that there are many companies who do so and I think almost all these companies are new generation companies and in these days people (I mean educated mass who have many other opportunities outside the company) don't even bother about losing a job because of availability of job and therefore, don't take it seriously also. But this may not be the case. If we do not handle it properly, the entire things will go away from our control and gradually some aggrieved people will start thinking of forming a trade union and so on. Therefore, I suggest, be patient and do everything carefully.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
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