You did not state your company's policy on termination, however, you will have to quickly point it out to your manager if there was none existing. In the maintime, you can issue a query, followed by a final warning if the reason given by the employee gives you the slightest opportunity to do so. Just like the absent eployee, management may sometimes act improperly. Dan
From Nigeria, Lagos
From Nigeria, Lagos
Hope you mean terminate the services of some employees? Terminate employees means you intend to murder them Hope understood
From India, Tirupati
12From India, Tirupati
Dear Friend,
First you have to send a letter calling him back to report for duty. Serve the Shocw cause notice and call for his explanation. If his explanation is not suitable, conduct an enquiry giving him all fair opportunities in the enquiry. Based on the report amd findings of the enquiry officer, you can initiate disciplinary action. If it is a first misconduct, you cannot impose severe punishment such as dismissal. The court U/s. 11-A has powers to review and modify the orders. There are many judgements that has gone both in favour of management as well as workmen. Past record of he employee plays the importance in such decisions.
Inform your management about the consequences for the hasty decisions.
G.K.Manjunath,
Sr. Manager-HR
From India, Bangalore
First you have to send a letter calling him back to report for duty. Serve the Shocw cause notice and call for his explanation. If his explanation is not suitable, conduct an enquiry giving him all fair opportunities in the enquiry. Based on the report amd findings of the enquiry officer, you can initiate disciplinary action. If it is a first misconduct, you cannot impose severe punishment such as dismissal. The court U/s. 11-A has powers to review and modify the orders. There are many judgements that has gone both in favour of management as well as workmen. Past record of he employee plays the importance in such decisions.
Inform your management about the consequences for the hasty decisions.
G.K.Manjunath,
Sr. Manager-HR
From India, Bangalore
Dear Indian,
As you aware that our India is well known to the world for its justice. We obsered that our system/Law has given an opportunity to Ajmal kasab/Afjal Guru (principle of natural justice?...Ha! Ha!! Haa!!!) & I think, infront of Kasab/Afjal your absent emploee's offence/misconduct is quite negligible....hence forgive him by saying " Forgive them for they know not what they do".... like Lord Jesus.
Brother...since independance, there are 1,21,000/- writ petitions filed by Indian citizens for various amendments in Indian Constitutiton, and you will be surpersied till all writs are pending in superme court as well as to the president of India's office. This is our tragedy.
Therefore, we have to bear nonsense of such employees (Habitual absent) who does not bother about thier families as well as an organisation where they work, in spite of knowing that there is long queue waiting outside of qualified unemployed youngsters.
Sorry, we are abide by the Model/certified standing orders, Industrial Dispute Act, MRTU-PULP Act, CPC hence before terminating ask your Management to follow the rule of " Natural justice".
All the best.
Sanjeev
From India, Pune
As you aware that our India is well known to the world for its justice. We obsered that our system/Law has given an opportunity to Ajmal kasab/Afjal Guru (principle of natural justice?...Ha! Ha!! Haa!!!) & I think, infront of Kasab/Afjal your absent emploee's offence/misconduct is quite negligible....hence forgive him by saying " Forgive them for they know not what they do".... like Lord Jesus.
Brother...since independance, there are 1,21,000/- writ petitions filed by Indian citizens for various amendments in Indian Constitutiton, and you will be surpersied till all writs are pending in superme court as well as to the president of India's office. This is our tragedy.
Therefore, we have to bear nonsense of such employees (Habitual absent) who does not bother about thier families as well as an organisation where they work, in spite of knowing that there is long queue waiting outside of qualified unemployed youngsters.
Sorry, we are abide by the Model/certified standing orders, Industrial Dispute Act, MRTU-PULP Act, CPC hence before terminating ask your Management to follow the rule of " Natural justice".
All the best.
Sanjeev
From India, Pune
Dear Friend,
Try to learn/understand why your Unit head is so crazy/impatient to sack employees without following proper established procedure.
Please explain to your Unit Head about the concept of natural justice i.e. "opportunity of being heard". Tell him if the employee resorts to legal action and challenges your decision of termination without notice in court of law, the Court would definitely reinstate the worker giving him the benefit of procedural deficiency (which is bad in the eyes of law).
If still your Unit Head does not understand, report to your Head - HR/Legal this matter. If you do not have them too, (Put it on record to prove later that it was not you, who has not followed procedures) write mail to your Unit Head explaining aforesaid justification and the legal implications involved therein and then terminate.
Warm regards,
Yogi
Student
Government Law College, Churchgate, Mumbai.
9833669662
From India, Thana
Try to learn/understand why your Unit head is so crazy/impatient to sack employees without following proper established procedure.
Please explain to your Unit Head about the concept of natural justice i.e. "opportunity of being heard". Tell him if the employee resorts to legal action and challenges your decision of termination without notice in court of law, the Court would definitely reinstate the worker giving him the benefit of procedural deficiency (which is bad in the eyes of law).
If still your Unit Head does not understand, report to your Head - HR/Legal this matter. If you do not have them too, (Put it on record to prove later that it was not you, who has not followed procedures) write mail to your Unit Head explaining aforesaid justification and the legal implications involved therein and then terminate.
Warm regards,
Yogi
Student
Government Law College, Churchgate, Mumbai.
9833669662
From India, Thana
Dear XYZ,
We note with concern that despite several verbal warnings given to you, you were again absent without prior approval since _________________. No more such unauthorized absence can be viewed leniently. Now, therefore, explain why you should not be dismissed from service or punished otherwise for such habitual absence from work, in accordance with the employment policies of the firm dtd. _________________.
You are further directed to explain your absence in writing and resume employment by ____________________ at the latest. I shall give you a personal hearing on ____________________ at my office, should you so desire. If you fail to submit your written explanation by ___________________ or do not appear before at the appointed date, action as deemed fit will be taken against you for such unauthorized absence.
Regards,
HR Personnel
From India, Vadodara
We note with concern that despite several verbal warnings given to you, you were again absent without prior approval since _________________. No more such unauthorized absence can be viewed leniently. Now, therefore, explain why you should not be dismissed from service or punished otherwise for such habitual absence from work, in accordance with the employment policies of the firm dtd. _________________.
You are further directed to explain your absence in writing and resume employment by ____________________ at the latest. I shall give you a personal hearing on ____________________ at my office, should you so desire. If you fail to submit your written explanation by ___________________ or do not appear before at the appointed date, action as deemed fit will be taken against you for such unauthorized absence.
Regards,
HR Personnel
From India, Vadodara
Hi Itzarsh
I think every organisation have a decentralization of powers to monitor the work and should be executed in the time frame. Ask the suggestion of respective employee's team leader and take the action on absconding employee. Moreover, no body will survive without salary for two months if he depends on one organisation. So, have you paid his salary for two months period, if no, he is already resigned in his mind and might be joined in other organisation.
Whats your opinion Seniors?
From India, Hyderabad
I think every organisation have a decentralization of powers to monitor the work and should be executed in the time frame. Ask the suggestion of respective employee's team leader and take the action on absconding employee. Moreover, no body will survive without salary for two months if he depends on one organisation. So, have you paid his salary for two months period, if no, he is already resigned in his mind and might be joined in other organisation.
Whats your opinion Seniors?
From India, Hyderabad
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Termination-emp loyment_563.pdf
Termination letter.doc