I would like to ivite the kimd attention of the members towards the
Where there in implicit provision for the issue of Service certificate at the time of dismissal, discharge or retirement from service. as per Rule 16 & 20
the following constitute the misconduct as per ibid.
The following shall denote misconduct:
(a) Theft, fraud, or dishonesty in connection with the employer’s business or property.
(b) Taking or giving of bribes or an illegal gratification whatsoever in connection with the employer’s business or his own interests.
(c) Willful insubordination or disobedience, whether alone or in conjunction with another or others, or of any lawful or reasonable order of a superior. The order of the superior should normally be in writing.
(d) Habitual late attendance and habitual absence without leave or without sufficient cause.
(e) Drunkenness, fighting or riotous, disorderly or indecent behaviors while on duty at the place of work.
(f) Habitual neglect of work.
(g) Habitual indiscipline.
(h) Smoking underground within the area in places where it is prohibited.
(i) Causing willful damage to work in progress or to property of the employer.
(j) Sleeping on duty.
(k) Malingering or showing down work.
(l) Acceptance of gifts from subordinate employees.
(m) Conviction in any Court of Law for any criminal offence involving moral turpitude.
(n) Continuous absence without permission and without satisfactory cause for more than ten days.
(o) Giving false information regarding one’s name, age, father’s name,
qualification or previous service at the time of the employment.
(p) Leaving work without permission or sufficient reason.
(q) Any breach of the Mines Act, 1952, or any other Act or any rules,
regulations or bye-laws there under, or of any Standing Orders.
(r) Threatening, abusing or assaulting any superior or co-worker.
(s) Habitual money-lending.
(t) Preaching of or inciting to violence.
(u) Abetment of or attempt at abetment of any of the above acts of
misconduct.
(v) Going on illegal strike either singly or with other workers with out giving 14 day’s previous notice.
(w) Disclosing to any unauthorized person of any confidential information in regard to the working or process of the establishment which may come into the possession of the workman in the course of his work.
(x) Refusal to accepted any charge-sheet or order or notice communicated in writing.
(y) Failure or refusal to wear or use any protective equipment given by the employers.
From India, Chandigarh
51INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946
and
INDUSTRIAL EMPLOYMENT (STANDING ORDERS) CENTRAL RULES, 1946
and
INDUSTRIAL EMPLOYMENT (STANDING ORDERS) CENTRAL RULES, 1946
Where there in implicit provision for the issue of Service certificate at the time of dismissal, discharge or retirement from service. as per Rule 16 & 20
the following constitute the misconduct as per ibid.
The following shall denote misconduct:
(a) Theft, fraud, or dishonesty in connection with the employer’s business or property.
(b) Taking or giving of bribes or an illegal gratification whatsoever in connection with the employer’s business or his own interests.
(c) Willful insubordination or disobedience, whether alone or in conjunction with another or others, or of any lawful or reasonable order of a superior. The order of the superior should normally be in writing.
(d) Habitual late attendance and habitual absence without leave or without sufficient cause.
(e) Drunkenness, fighting or riotous, disorderly or indecent behaviors while on duty at the place of work.
(f) Habitual neglect of work.
(g) Habitual indiscipline.
(h) Smoking underground within the area in places where it is prohibited.
(i) Causing willful damage to work in progress or to property of the employer.
(j) Sleeping on duty.
(k) Malingering or showing down work.
(l) Acceptance of gifts from subordinate employees.
(m) Conviction in any Court of Law for any criminal offence involving moral turpitude.
(n) Continuous absence without permission and without satisfactory cause for more than ten days.
(o) Giving false information regarding one’s name, age, father’s name,
qualification or previous service at the time of the employment.
(p) Leaving work without permission or sufficient reason.
(q) Any breach of the Mines Act, 1952, or any other Act or any rules,
regulations or bye-laws there under, or of any Standing Orders.
(r) Threatening, abusing or assaulting any superior or co-worker.
(s) Habitual money-lending.
(t) Preaching of or inciting to violence.
(u) Abetment of or attempt at abetment of any of the above acts of
misconduct.
(v) Going on illegal strike either singly or with other workers with out giving 14 day’s previous notice.
(w) Disclosing to any unauthorized person of any confidential information in regard to the working or process of the establishment which may come into the possession of the workman in the course of his work.
(x) Refusal to accepted any charge-sheet or order or notice communicated in writing.
(y) Failure or refusal to wear or use any protective equipment given by the employers.
From India, Chandigarh
Dear HR Fraternity,
Mr.Dhingra is absolutely correct.
Act wisely according to the situation. If an employee abscond without informing the employer, as an HR person, we should write a letter to his/her last known address through Registered Post with A/D and wait for a week's time, if he/she doesn't turn up, you may send a termination letter citing all the points available with you.
K. Gopalakrishnan
Sriperumbudur
From India, Bangalore
Mr.Dhingra is absolutely correct.
Act wisely according to the situation. If an employee abscond without informing the employer, as an HR person, we should write a letter to his/her last known address through Registered Post with A/D and wait for a week's time, if he/she doesn't turn up, you may send a termination letter citing all the points available with you.
K. Gopalakrishnan
Sriperumbudur
From India, Bangalore
Dear sir,
In my opinion when the services are terminated by the company the question of recovery of salary in lieu of Notice period does not arise. Secondly, when the company is terminating the services means company is terminating the contract and under this circumstances company is liable to pay the Salary in lieu of notice.
If services are terminated and letter to that effect is issued the question of relieving letter does not arise.
Termination of services of any employee, if he is not a workman under Industrial Dispute Act, should not be a problem. But termination of services of any employee (if he is a workman) without conducting domestic enquiry would be a problem.
Regards,
Sanjay
From India, Pune
In my opinion when the services are terminated by the company the question of recovery of salary in lieu of Notice period does not arise. Secondly, when the company is terminating the services means company is terminating the contract and under this circumstances company is liable to pay the Salary in lieu of notice.
If services are terminated and letter to that effect is issued the question of relieving letter does not arise.
Termination of services of any employee, if he is not a workman under Industrial Dispute Act, should not be a problem. But termination of services of any employee (if he is a workman) without conducting domestic enquiry would be a problem.
Regards,
Sanjay
From India, Pune
Dear All
I found this topic intresting and many insight to this issue.
Can we not think in other angle like:
1. Why does the employee abscound?
2. Why does he not inform the superior prior leaving?
3. Is there any HR lapse that the employee does not give resignation letter?
4. Is employee - supervisor relation smooth?
5. etc etc.
It is said that the employee leave the boss and not company. My practical experience is that total 18 employees left the job because of the Boss (including me - who got transferrred to other business in same group). We also had an employee who absconded and left without notice period or relieving letter - simply because of harrassment from HR and other company has made him join without relieving letter. Present scenario is that the employee is relieved with good relations with memories and permitting him to rejoin if other company does not suit him. I belive in this whole discussions that if the positive attitude is prevailing then there wont be any issues such as abscounding cases.
This are solely my views and do not mean to hurt any seniors in HR field. Each personnel views may differ.
Regards
Neeraj
From India, Mumbai
I found this topic intresting and many insight to this issue.
Can we not think in other angle like:
1. Why does the employee abscound?
2. Why does he not inform the superior prior leaving?
3. Is there any HR lapse that the employee does not give resignation letter?
4. Is employee - supervisor relation smooth?
5. etc etc.
It is said that the employee leave the boss and not company. My practical experience is that total 18 employees left the job because of the Boss (including me - who got transferrred to other business in same group). We also had an employee who absconded and left without notice period or relieving letter - simply because of harrassment from HR and other company has made him join without relieving letter. Present scenario is that the employee is relieved with good relations with memories and permitting him to rejoin if other company does not suit him. I belive in this whole discussions that if the positive attitude is prevailing then there wont be any issues such as abscounding cases.
This are solely my views and do not mean to hurt any seniors in HR field. Each personnel views may differ.
Regards
Neeraj
From India, Mumbai
dear white eagle,
i had gone through the problem and discussions posted here, so i think even though the employee refused to respond primarily ,later he/she responded, its better to issue him/her the relieving letter. and before taking decision about termination of an employee from organization, its better to analyse the employee for some more days if you found anything wrong in the observations then you can proceed to the process of termination.
hope my suggestion is valuable....
From India, Calicut
i had gone through the problem and discussions posted here, so i think even though the employee refused to respond primarily ,later he/she responded, its better to issue him/her the relieving letter. and before taking decision about termination of an employee from organization, its better to analyse the employee for some more days if you found anything wrong in the observations then you can proceed to the process of termination.
hope my suggestion is valuable....
From India, Calicut
Dear White eagle,
Eventhough you may be a HR person, certain things should be analysed on humanitarian grounds too.
Please note that an employee who takes leave for more than 10 days without any notice to the employer, we may terminate him from the services of the organisation. That is absolutely correct.
In such case, will the company accept when the employee agree to work for the notice period (which will not be advisable).
As you are aware, relieving order is must for the employee to join other organisation.
From India, Madras
Eventhough you may be a HR person, certain things should be analysed on humanitarian grounds too.
Please note that an employee who takes leave for more than 10 days without any notice to the employer, we may terminate him from the services of the organisation. That is absolutely correct.
In such case, will the company accept when the employee agree to work for the notice period (which will not be advisable).
As you are aware, relieving order is must for the employee to join other organisation.
From India, Madras
Dear
Notice period / notice pay and other benefits to be given to the Person who got retrenched by the company and who got terminated by the company due to mis-conduct or due to irrecoverable loss made by him (you can make good for the loss/damage caused by him).
For Resignation cases you need not pay anything except his leave pay if applicable or even you can recover the notice pay or instruct him to serve for the notice period. (Here, he is eligible only for Leave pay)
For Long Absent cases, (i) Serve him a notice to return for duty within ___ days on receipt of this letter.
(ii) Serve him second notice after _____ + 2 days by mentioning that he is liable to be prosecuted for his lapse and to save himself from such litigation you can request him to join within ____ days for duties.
(iii) Serve him Third and Final notice stating that evenafter sending you 2 notices you have not responded / turned for duty, which seems that you are not interested to resume your duties. Hence you have been terminated from this organisation on __________ (Last date of his attendance) or (Next date from his last day of leave). You are advised to come and collect your Full & final settlement by _________ (date) after making your necessary clearance procedure.
I think, this correspondences will help us to keep in safe side even if he approach any court of Law.
With warm regards
S. Bhaskar
9099024667
From India, Kumbakonam
Notice period / notice pay and other benefits to be given to the Person who got retrenched by the company and who got terminated by the company due to mis-conduct or due to irrecoverable loss made by him (you can make good for the loss/damage caused by him).
For Resignation cases you need not pay anything except his leave pay if applicable or even you can recover the notice pay or instruct him to serve for the notice period. (Here, he is eligible only for Leave pay)
For Long Absent cases, (i) Serve him a notice to return for duty within ___ days on receipt of this letter.
(ii) Serve him second notice after _____ + 2 days by mentioning that he is liable to be prosecuted for his lapse and to save himself from such litigation you can request him to join within ____ days for duties.
(iii) Serve him Third and Final notice stating that evenafter sending you 2 notices you have not responded / turned for duty, which seems that you are not interested to resume your duties. Hence you have been terminated from this organisation on __________ (Last date of his attendance) or (Next date from his last day of leave). You are advised to come and collect your Full & final settlement by _________ (date) after making your necessary clearance procedure.
I think, this correspondences will help us to keep in safe side even if he approach any court of Law.
With warm regards
S. Bhaskar
9099024667
From India, Kumbakonam
Imagine a situation when the employee has challenged your termination as illegal before the labour court. Better issue a relieving letter as he has settled dues to company and accepted your termination.
From India, Mumbai
From India, Mumbai
dear Querist,
my point wise advice is as below
i)Yes . Coy. has every right to enforce adherence to notice period /pay in lieu thereof as per terms of contract..
ii)Yes. employee is entitled to relieving letter as he has fulfilled his part of contract of services.However coy should see that he has no dues or coy. property ( ID card/Laptop/Mobile etc.)remaining with him.
iii) Absconding means absenting from duties without applying for his leave due. This is is a misconduct on the part of an employee for which disciplinary proceedings can be started against him if he is a habitual offender/repeateror is absenting for a long or not responding to comy letters for joining his duties.Any such act by an employee leads to disruption in the office work.
However if coy. chooses to accept the notice period dues, it tantamount to absolving him of his misconduct.Please note that"Termination" in absconding cases can only be done after going thru the process of holding disciplinary proceedings, as termination is a major penalty.
Ultimately it is for the company to decide the alternative to choose depending upon the circumstances of each case and the employee being dealt with and there can be no strait jacket formulae for these type of cases.
Hope u are clear in this aspect of HR now.
CK SAFAYA
HR CONSULTANT AND LABOUR LAWS ADVOCATE
From India, New Delhi
my point wise advice is as below
i)Yes . Coy. has every right to enforce adherence to notice period /pay in lieu thereof as per terms of contract..
ii)Yes. employee is entitled to relieving letter as he has fulfilled his part of contract of services.However coy should see that he has no dues or coy. property ( ID card/Laptop/Mobile etc.)remaining with him.
iii) Absconding means absenting from duties without applying for his leave due. This is is a misconduct on the part of an employee for which disciplinary proceedings can be started against him if he is a habitual offender/repeateror is absenting for a long or not responding to comy letters for joining his duties.Any such act by an employee leads to disruption in the office work.
However if coy. chooses to accept the notice period dues, it tantamount to absolving him of his misconduct.Please note that"Termination" in absconding cases can only be done after going thru the process of holding disciplinary proceedings, as termination is a major penalty.
Ultimately it is for the company to decide the alternative to choose depending upon the circumstances of each case and the employee being dealt with and there can be no strait jacket formulae for these type of cases.
Hope u are clear in this aspect of HR now.
CK SAFAYA
HR CONSULTANT AND LABOUR LAWS ADVOCATE
From India, New Delhi
It is pertinent to mention that the principles of natural justice is not just applicable to Workmen under ID act. if you are terminating any Supervisory level / Managerial level employee without Domestic enquiry, and if he is filing a suit at the court, court may order for reinstatement since principles of natural justice has not been followed.
From India, Mumbai
From India, Mumbai
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