Dear Zala
I have seen your querry and also the comments of our seniors
Regarding your point we cannot terminate an employee just like that unless we should certain norms.
1. Issue charge sheet and mention the charges with the clauses mentioined in certified standing orders of your company. Mention past discipline cases/warning letters issued to him/her.
2. Take explanation letter from him/her for the charge sheet issued (within in stipulated time)
3. If he contests the mistake conduct domestic enquiry under principle of natural justice by appointing enquiry officer under intimation to Deliqneutn Employee the place of enquiry and venue with sufficient time.
4. Give ample opportunity to him/her to defend his/her case and also allow the employees in their department to give witness.
5. After domestic enquiry is over send the enquiry officer report with findings to Delinquent employee for calling objections. (1st show cause notice)
6. Wait for 10/15 days time and send another 2nd show cause notice to be given
7. Then you send final termination letter with all details and also final dues payments
Any way this type of termination cases will refer to conciliation before Jt.Commissioner of Labour/Dy.commissioner of Labour and further it will refer to Industrial Tribunal Labour Court for reinstatements if we cannot proved the charges established by him/her.
Hope the above is suffice
Tks & Regards
Vadlamani SR
follow established misconducts after conducting domestic enquiries under principle of natural justice and based on the Enquiry Officer findings we have to communicate the findings to Delinquent employee for calling objectioins and
From India, Hyderabad
9I have seen your querry and also the comments of our seniors
Regarding your point we cannot terminate an employee just like that unless we should certain norms.
1. Issue charge sheet and mention the charges with the clauses mentioined in certified standing orders of your company. Mention past discipline cases/warning letters issued to him/her.
2. Take explanation letter from him/her for the charge sheet issued (within in stipulated time)
3. If he contests the mistake conduct domestic enquiry under principle of natural justice by appointing enquiry officer under intimation to Deliqneutn Employee the place of enquiry and venue with sufficient time.
4. Give ample opportunity to him/her to defend his/her case and also allow the employees in their department to give witness.
5. After domestic enquiry is over send the enquiry officer report with findings to Delinquent employee for calling objections. (1st show cause notice)
6. Wait for 10/15 days time and send another 2nd show cause notice to be given
7. Then you send final termination letter with all details and also final dues payments
Any way this type of termination cases will refer to conciliation before Jt.Commissioner of Labour/Dy.commissioner of Labour and further it will refer to Industrial Tribunal Labour Court for reinstatements if we cannot proved the charges established by him/her.
Hope the above is suffice
Tks & Regards
Vadlamani SR
follow established misconducts after conducting domestic enquiries under principle of natural justice and based on the Enquiry Officer findings we have to communicate the findings to Delinquent employee for calling objectioins and
From India, Hyderabad
Dear Zala,
Please follow the steps of domestic enquiry, if there is misconduct reported.
1. Preliminary Enquiry (prime-facei judgment of a misconduct)
2. Show Cause
3. Charge Sheet.
4. Appoint a Enquiry Officer
5. Enquiry
5. Findings of Enquiry
6 Decision of Management - Termination of Employement.
for more information please go through the Disciplinary Proceedings for misconduct.
Thanks
Mohd. Arif Khan
Please follow the steps of domestic enquiry, if there is misconduct reported.
1. Preliminary Enquiry (prime-facei judgment of a misconduct)
2. Show Cause
3. Charge Sheet.
4. Appoint a Enquiry Officer
5. Enquiry
5. Findings of Enquiry
6 Decision of Management - Termination of Employement.
for more information please go through the Disciplinary Proceedings for misconduct.
Thanks
Mohd. Arif Khan
Dear M.peer, Thank you very much for your article.That is very knowledgeable & informative. Hope that will continue. Thank u all of you who gave the replay & valuable Advice. Regards, Abhayraj zala
From India, Rajkot
From India, Rajkot
Dear Zala,
Steps are (a) Issue show cause notice (b) Receive explanation from the employee (c) Consider the same to check the legality (d) Terminate his service as per the rules and regulations of the company. For further query you can ask in
From India, Delhi
Steps are (a) Issue show cause notice (b) Receive explanation from the employee (c) Consider the same to check the legality (d) Terminate his service as per the rules and regulations of the company. For further query you can ask in
From India, Delhi
Hi are you terminating this employee for serious misconduct or redundancy?
Disciplinary should be:
Hold a performance meeting to address your concerns about the employee’s performance. Give the employee prior warning of the time and nature of the meeting, preferably allowing them to bring a representative if they so wish. At the meeting:
(a) Clarify the performance objectives of the employee’s job, referring to previous occasions they have been provided with, or explained to the employee. These objectives should not be new to the employee.
(b) Discuss the employee’s current and past levels of performance, focusing on how and when the employee has failed to meet the identified performance objectives. Identify the gap between the performance required, and the performance provided, and seek from the employee any explanation as to why their performance has not reached the required standard.
(c) Develop an action plan of remedial steps to resolve the gap. Agree with the employee what steps both parties will take (such as training) to improve the performance to meet the required standard. Such steps may include training, mentoring, or changing to more flexible hours of work.
(d) Identify a reasonable time period within which performance must improve to the specified standard. Reasonable time periods are discussed below.
(e) Specify the consequences of failing to meet the required standard. This may be counselling, reprimand, warning or dismissal, depending on both your disciplinary process and the progression of the performance process.
(f) Give the employee an opportunity to comment on the process. It is not necessary for the employee to agree to the process and the performance criteria, but it is important that an opportunity is provided for them to raise any issues they may have.
(g) Schedule another meeting at the end of the time period to review the performance, again specifying the nature of the meeting and the ability of the employee to bring a representative.
2. Provide to the employee a written account of what was discussed. Some employers have the employee sign the document to agree that it is a fair and correct record of what was discussed and agreed upon, but it is not necessarily advisable, as it affords the employee an opportunity to protest (see below).
3. Monitor the employee’s performance in the areas identified. Collect all relevant data, both objective and subjective. Note that if an area of performance was not addressed in the initial meeting, you cannot take disciplinary action for any failure in that particular area.
4. Hold the next performance meeting. If the employee has failed to meet the specified performance criteria, give them an opportunity to provide an explanation for not meeting the specified standard. Take this explanation into consideration, without any pre-judgement, and decide whether the disciplinary action specified will be taken. If this does not result in dismissal, repeat the process.
Redundancy is obviously very different.
From New Zealand, Christchurch
Disciplinary should be:
Hold a performance meeting to address your concerns about the employee’s performance. Give the employee prior warning of the time and nature of the meeting, preferably allowing them to bring a representative if they so wish. At the meeting:
(a) Clarify the performance objectives of the employee’s job, referring to previous occasions they have been provided with, or explained to the employee. These objectives should not be new to the employee.
(b) Discuss the employee’s current and past levels of performance, focusing on how and when the employee has failed to meet the identified performance objectives. Identify the gap between the performance required, and the performance provided, and seek from the employee any explanation as to why their performance has not reached the required standard.
(c) Develop an action plan of remedial steps to resolve the gap. Agree with the employee what steps both parties will take (such as training) to improve the performance to meet the required standard. Such steps may include training, mentoring, or changing to more flexible hours of work.
(d) Identify a reasonable time period within which performance must improve to the specified standard. Reasonable time periods are discussed below.
(e) Specify the consequences of failing to meet the required standard. This may be counselling, reprimand, warning or dismissal, depending on both your disciplinary process and the progression of the performance process.
(f) Give the employee an opportunity to comment on the process. It is not necessary for the employee to agree to the process and the performance criteria, but it is important that an opportunity is provided for them to raise any issues they may have.
(g) Schedule another meeting at the end of the time period to review the performance, again specifying the nature of the meeting and the ability of the employee to bring a representative.
2. Provide to the employee a written account of what was discussed. Some employers have the employee sign the document to agree that it is a fair and correct record of what was discussed and agreed upon, but it is not necessarily advisable, as it affords the employee an opportunity to protest (see below).
3. Monitor the employee’s performance in the areas identified. Collect all relevant data, both objective and subjective. Note that if an area of performance was not addressed in the initial meeting, you cannot take disciplinary action for any failure in that particular area.
4. Hold the next performance meeting. If the employee has failed to meet the specified performance criteria, give them an opportunity to provide an explanation for not meeting the specified standard. Take this explanation into consideration, without any pre-judgement, and decide whether the disciplinary action specified will be taken. If this does not result in dismissal, repeat the process.
Redundancy is obviously very different.
From New Zealand, Christchurch
Hi Dear,
Condition and procedure for termination vary from case to case and govened by the appointment letter and certified standing orders prepared under Industrial standing ordrs act 1946. If required domestic inquiry is also conducted and decision for termination is taken
From India, Gurgaon
Condition and procedure for termination vary from case to case and govened by the appointment letter and certified standing orders prepared under Industrial standing ordrs act 1946. If required domestic inquiry is also conducted and decision for termination is taken
From India, Gurgaon
Hello,
There was one clause for Termination.
1. If it would be from one side, then 15 days notice in writing.
2. If from his side, immediate Termination.
Point no. 2 happened. But he said he would do on Project base.
I have issued him a letter to him that no dues has been paid for the days worked.
I have written to Consumercourt.in but no profit.
Thanks
G.S.Kainth
From India, Delhi
There was one clause for Termination.
1. If it would be from one side, then 15 days notice in writing.
2. If from his side, immediate Termination.
Point no. 2 happened. But he said he would do on Project base.
I have issued him a letter to him that no dues has been paid for the days worked.
I have written to Consumercourt.in but no profit.
Thanks
G.S.Kainth
From India, Delhi
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