Hi friends, this is neeta, new to this forum.....
Friends I would like to know that if an employee who has worked for a company for more than eight years and holds a good position (managerial cadre) can he be sacked immediately without any notice becos of his involvement in some unethical practices??
regards
neeta
From India, Bangalore
Friends I would like to know that if an employee who has worked for a company for more than eight years and holds a good position (managerial cadre) can he be sacked immediately without any notice becos of his involvement in some unethical practices??
regards
neeta
From India, Bangalore
3
Please have a look at his appointment letter. There should be a clause about termination in it. Normally the appointment letter provides for summary termination for misconduct, and compensation in lieu of notice period (payable by the employer) for termination of services, without assigning any reason. You may adopt either of this methods, as applicable, and terminate his services forthwith.
Some companies prefer giving the employee an opportunity to resign voluntarily, rather than terminating his/her services, especially if the employee has been with the company for a long time like in this case.
From India, Mumbai
Some companies prefer giving the employee an opportunity to resign voluntarily, rather than terminating his/her services, especially if the employee has been with the company for a long time like in this case.
From India, Mumbai
hi neeta,
i would suggest you to as mentioned by others go for appointment letter details , cndition are mentioned there .
secondaly i would suggest you to check whethere the unethical act as you mentioned is of civil type or criminal type ?
for everything you have to collect the proof to support your act.
if it is having any complaint by management or any staff members , add it in your letter , as a reason.
in general way the notice should be given to ,ask why not the procedure for his/her removal should be done ?
best of luck
From India, Indore
i would suggest you to as mentioned by others go for appointment letter details , cndition are mentioned there .
secondaly i would suggest you to check whethere the unethical act as you mentioned is of civil type or criminal type ?
for everything you have to collect the proof to support your act.
if it is having any complaint by management or any staff members , add it in your letter , as a reason.
in general way the notice should be given to ,ask why not the procedure for his/her removal should be done ?
best of luck
From India, Indore
Dear Neeta,
AS mentioned by other users first check the nature of crime ie civil or criminal. if it is a criminal there is no need to give any explanations how ever make sure you have written evidences so that you dont get in to any problem later. irrespective of the cadre or position the person holds inthe company if found guilty the company and management has right to expel the individual out of the office.
the other aspect which you have to check upon is terms and conditions mentioned in the appointment letter. normally it says both parties must give one month notice when a decision of leaving the office takes place either voluntorily or un volunterily. so keep this point on the check list.
make sure that you gather necessary information from colleagues (intra and inter department), from his official system ie scan the system so that you do have substantial evidences about the activitiy.
intimate everything in writing by marking a copy to his immediate supervisor and to your supervisor.
document the same in hard copies in his individual file along with necessary signatures.
make sure that a formal mail or letter goes to every department in your organization either related directly or indirectly, if possible limit this activity to the department heads so that lower levels in the organization dont get panicked and start discussing. this might result in employee demotivation.
after you perform all the above mentioned activities make sure that you speak to the accused managers immediate sub ordinates and his team to ensure them insecurity in job comes only when an employee is associated with some criminal or civil which effects the reputation of the company as a whole. this will show that company in line with HR department is concerned about other employees in the department.
hope the points mentioned will be of some help to you.
all the best
regards
suresh
From United Arab Emirates, Abu Dhabi
AS mentioned by other users first check the nature of crime ie civil or criminal. if it is a criminal there is no need to give any explanations how ever make sure you have written evidences so that you dont get in to any problem later. irrespective of the cadre or position the person holds inthe company if found guilty the company and management has right to expel the individual out of the office.
the other aspect which you have to check upon is terms and conditions mentioned in the appointment letter. normally it says both parties must give one month notice when a decision of leaving the office takes place either voluntorily or un volunterily. so keep this point on the check list.
make sure that you gather necessary information from colleagues (intra and inter department), from his official system ie scan the system so that you do have substantial evidences about the activitiy.
intimate everything in writing by marking a copy to his immediate supervisor and to your supervisor.
document the same in hard copies in his individual file along with necessary signatures.
make sure that a formal mail or letter goes to every department in your organization either related directly or indirectly, if possible limit this activity to the department heads so that lower levels in the organization dont get panicked and start discussing. this might result in employee demotivation.
after you perform all the above mentioned activities make sure that you speak to the accused managers immediate sub ordinates and his team to ensure them insecurity in job comes only when an employee is associated with some criminal or civil which effects the reputation of the company as a whole. this will show that company in line with HR department is concerned about other employees in the department.
hope the points mentioned will be of some help to you.
all the best
regards
suresh
From United Arab Emirates, Abu Dhabi
neeta
when you discuss with accussed make sure that you dont initiate the talk in front of all other employees. if possible ask the acussed employee to meet the officials in private either at hotel or at dicussion room which is away from other employee eye site. try to ask your legal person to accompany you all while you have a final discussion so that all the proceedings are documented,authorised and ensures that it complies with the labour law or employee law prevailing in india.
regards
suresh
From United Arab Emirates, Abu Dhabi
when you discuss with accussed make sure that you dont initiate the talk in front of all other employees. if possible ask the acussed employee to meet the officials in private either at hotel or at dicussion room which is away from other employee eye site. try to ask your legal person to accompany you all while you have a final discussion so that all the proceedings are documented,authorised and ensures that it complies with the labour law or employee law prevailing in india.
regards
suresh
From United Arab Emirates, Abu Dhabi
Dear Ms. Neeta,
You can terminate with notice as per the appointment letter or letter of contrcat.
BUT there are certain litmus test that you should conduct.
1. whether he is an workmen or not under section 2(s) of the Industrial Disputes act.
2. because designated as manager not necessarily an exempted employee under ID Act. ( pl refer Vazir sultan tobacco Co case-AP high Court) What sort of jobs and responsebilities he had been executed. If his job is purely a managerial or administrative in nature i.e ascertain whether he ahs control over a team of employees, authorise leave and refuse leave, issue charge sheet or warning letter to the employee working under him, conducting appraisal and recommend for increment or no increment etc.
If litmus test proves positve the you can terminate with due notice or salary in lieu of such notiuce.
Regards
Michael Nicholas
From India, Madras
You can terminate with notice as per the appointment letter or letter of contrcat.
BUT there are certain litmus test that you should conduct.
1. whether he is an workmen or not under section 2(s) of the Industrial Disputes act.
2. because designated as manager not necessarily an exempted employee under ID Act. ( pl refer Vazir sultan tobacco Co case-AP high Court) What sort of jobs and responsebilities he had been executed. If his job is purely a managerial or administrative in nature i.e ascertain whether he ahs control over a team of employees, authorise leave and refuse leave, issue charge sheet or warning letter to the employee working under him, conducting appraisal and recommend for increment or no increment etc.
If litmus test proves positve the you can terminate with due notice or salary in lieu of such notiuce.
Regards
Michael Nicholas
From India, Madras
Hi friends thanks a million for your suggestions im sure that i will be able to handle this issue.....
our appointment letter mentions that either parties should give a prior notice of 1 month before leaving the organisation voluntarily or involuntarily, but if this person is asked to report to the office for a month then there are possibilities that he can poison the minds of his team mates. wat can be the alternate solutions to handle this ??
regards
neeta
From India, Bangalore
our appointment letter mentions that either parties should give a prior notice of 1 month before leaving the organisation voluntarily or involuntarily, but if this person is asked to report to the office for a month then there are possibilities that he can poison the minds of his team mates. wat can be the alternate solutions to handle this ??
regards
neeta
From India, Bangalore
Neeta,
I had seen one of the employee who worked for 15 consecutive years with one of the MNC at Delhi and sacked within a minute . He was one of the manager and an oldest employee of the company.When he asked the HR and upper management for the cause,,, the answer was simple" It's JUST Cause" and even told that management is not answerable to anyone for one reason or other.
Thanks
dev
From India, Gurgaon
I had seen one of the employee who worked for 15 consecutive years with one of the MNC at Delhi and sacked within a minute . He was one of the manager and an oldest employee of the company.When he asked the HR and upper management for the cause,,, the answer was simple" It's JUST Cause" and even told that management is not answerable to anyone for one reason or other.
Thanks
dev
From India, Gurgaon
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Employee Appraisal Form new.doc