Dear HR's,
I need some clarification for my below ?..........................
1. A Temporary or Probationary employee involved in Misconduct as per Comp's approved SO mean how can v terminate him? Wat is the process to do the same? Wat natural Justice says??
2. In his Appointment order the company promised, If the employee is terminated under various circumstances the company will pay 3 months notice pay r giving 3 months notice period. Is it applicable for Probationary employee? (In Appointment Order employer didnot mentioned probationary / Temp. employees not eligible)
3. Temp / Probationary employee (Non - Tech / Office Staff - Managerial Cadre) is to be terminated without conducting enquiry??? or after issuing Charge Memo ???? Do its Possible???
4. Do Office Staffs r Managerial cadre personnels are eligible to get Charge Memo????
5. Can employer issue Charge Memo directly b4 issuing Show Cause Notice(SCN) ?? & Wat is difference b/w SCN & Charge Memo/Sheet??? wat kind of cases can we issue Charge Memo r SCN????
Seniors / Experts pls share wat our law says r industrial procedure in that type of case.
Sakthi
From India, Mumbai
16I need some clarification for my below ?..........................
1. A Temporary or Probationary employee involved in Misconduct as per Comp's approved SO mean how can v terminate him? Wat is the process to do the same? Wat natural Justice says??
2. In his Appointment order the company promised, If the employee is terminated under various circumstances the company will pay 3 months notice pay r giving 3 months notice period. Is it applicable for Probationary employee? (In Appointment Order employer didnot mentioned probationary / Temp. employees not eligible)
3. Temp / Probationary employee (Non - Tech / Office Staff - Managerial Cadre) is to be terminated without conducting enquiry??? or after issuing Charge Memo ???? Do its Possible???
4. Do Office Staffs r Managerial cadre personnels are eligible to get Charge Memo????
5. Can employer issue Charge Memo directly b4 issuing Show Cause Notice(SCN) ?? & Wat is difference b/w SCN & Charge Memo/Sheet??? wat kind of cases can we issue Charge Memo r SCN????
Seniors / Experts pls share wat our law says r industrial procedure in that type of case.
Sakthi
From India, Mumbai
Dear SakthiSukumar,
1)If the services of an employee is to be terminated on the ground of misconduct, the status of his employment ie., whether he is temporary or probationer or permanent, is irrelevant.He should be served with a charge-memo stating the charges of misconduct w.r.t the relevant standing order clauses with a direction to offer his explanation within a particular point of time; If no reply or it is not satisfactory a domestic enquiry has to be conducted by appointing an enquiry officer for this purpose and all reasonable opportunities should be given to him to defend himself against the charges.After receipt of the report of the e.o, you have to issue a show-cause notice mentioning the proposed punishment of termination and obtain the delinquent's explanation and then pass the order of dismissal.This is in essence what the principles of natural justice are.
2) Issuance of Notice or payment in lieu of notice is not applicable in the case of termination on disciplinary grounds.
3)The procedure narrated above is strictly in respect of those who fall within the definition of 'workman' u/s 2s of the I.D Act,1947 irrespective of their designation or place of work.However, no harm in following the same procedure in the case of managerial cadre for it would be helpful in future litigation, if any.
Pl see replies for related threads.
From India, Salem
1)If the services of an employee is to be terminated on the ground of misconduct, the status of his employment ie., whether he is temporary or probationer or permanent, is irrelevant.He should be served with a charge-memo stating the charges of misconduct w.r.t the relevant standing order clauses with a direction to offer his explanation within a particular point of time; If no reply or it is not satisfactory a domestic enquiry has to be conducted by appointing an enquiry officer for this purpose and all reasonable opportunities should be given to him to defend himself against the charges.After receipt of the report of the e.o, you have to issue a show-cause notice mentioning the proposed punishment of termination and obtain the delinquent's explanation and then pass the order of dismissal.This is in essence what the principles of natural justice are.
2) Issuance of Notice or payment in lieu of notice is not applicable in the case of termination on disciplinary grounds.
3)The procedure narrated above is strictly in respect of those who fall within the definition of 'workman' u/s 2s of the I.D Act,1947 irrespective of their designation or place of work.However, no harm in following the same procedure in the case of managerial cadre for it would be helpful in future litigation, if any.
Pl see replies for related threads.
From India, Salem
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