Hello,
I have a question. Ours is a KPO and the office is open at night as well. I am working as the HR Manager. For past few days i was told once or twice that the office boy was coming drunk to office. But only 2 -3 people spoke to me regarding that and the others denied of noticing anything of such kind. 2 days back, I got a call from the office (as I work in day shifts), that the office boy is arguing with the team and is denying to do the work he was supposed to do, like cleaning of a certain area. I was also told that he was drunk. When I spoke to him over the phone, it could be easily made that he was drunk. He argued with me saying that I cannot ask him to do something he doesn't want to do. I asked him to leave the office right away. He did the same. The other day I noticed that the attendance register was missing. I checked the cameras and saw that he was the one who came later and took away the attendance register saying to others that he would go to the labor court as we had not paid him for past 6 months. Which is not true and we have the vouchers signed by him for the receipt of the salary.
I had called him and left a message for returning the register but of no use.
So my final question is that in this scenario, can he take any legal action through labor court?
From India, Shimla
I have a question. Ours is a KPO and the office is open at night as well. I am working as the HR Manager. For past few days i was told once or twice that the office boy was coming drunk to office. But only 2 -3 people spoke to me regarding that and the others denied of noticing anything of such kind. 2 days back, I got a call from the office (as I work in day shifts), that the office boy is arguing with the team and is denying to do the work he was supposed to do, like cleaning of a certain area. I was also told that he was drunk. When I spoke to him over the phone, it could be easily made that he was drunk. He argued with me saying that I cannot ask him to do something he doesn't want to do. I asked him to leave the office right away. He did the same. The other day I noticed that the attendance register was missing. I checked the cameras and saw that he was the one who came later and took away the attendance register saying to others that he would go to the labor court as we had not paid him for past 6 months. Which is not true and we have the vouchers signed by him for the receipt of the salary.
I had called him and left a message for returning the register but of no use.
So my final question is that in this scenario, can he take any legal action through labor court?
From India, Shimla
Conduct a domestic enquiry.
Give employee due written notice about the enquiry.
Taking away attendance register is an offence by itself as it is company property and official register.
After enquiry lodge an FIR for theft of register and punish him for drunken behaviour,absence from duty,by recording evidence from involved people.
People who saw him drunk and arguing,have a copy of the video where he is seen taking away the register.
You may not be able to prove his drunkeness in the office but evidence of absence ,arguing and theft of register can be brought on record and then punishment awarded of dismissal.
Let him go to labour court,but do your part of unbiased enquiry and finalise the proceeding with due legal advice.
Do not get bogged down by a office boy.
From India, Pune
3131Give employee due written notice about the enquiry.
Taking away attendance register is an offence by itself as it is company property and official register.
After enquiry lodge an FIR for theft of register and punish him for drunken behaviour,absence from duty,by recording evidence from involved people.
People who saw him drunk and arguing,have a copy of the video where he is seen taking away the register.
You may not be able to prove his drunkeness in the office but evidence of absence ,arguing and theft of register can be brought on record and then punishment awarded of dismissal.
Let him go to labour court,but do your part of unbiased enquiry and finalise the proceeding with due legal advice.
Do not get bogged down by a office boy.
From India, Pune
Issue him show cause notice. conduct a fair enquiry and award punishment based on the standing order( model) . You don't have to worry about going to labour court . When your actions are fair and proper You don't have to worry
Keep some security staff so that he does not come drunk again to the office
From India, Chennai
Keep some security staff so that he does not come drunk again to the office
From India, Chennai
first register a case against theft of company property and ask police to take written letter form him on analogize and will not do the same - ask police to leave once he submit written apologize letter - if he didn't submit written apologize letter then let police take action against him.
after completing above issue him warning letter or even you can terminate him as you have evidence of theft of company propperty
dont keep this kind of staff as they can harm even employees
From India, Chennai
after completing above issue him warning letter or even you can terminate him as you have evidence of theft of company propperty
dont keep this kind of staff as they can harm even employees
From India, Chennai
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.
Gujarat High Court on part-time employee 23.11.2007.pdf
Employee Appraisal Form new.doc