Dear Saikumar Very succinctly put !!! I appreciate your feelings, wisdom, and the choice of words and phrases with which you have expressed your views. Excellent !!! Warm regards.
From India, Delhi
1426From India, Delhi
If you have a grievance against him, please remember, he may have too many against you, as employer. Precisely for this reason, employees form an Union to protect their rights. First of all, there is no evidence and only an allegation. You are going to terminate him merely based on allegation. As our learned professionals opined above, he has every justification to seek legal redressal, if he feels that he has been wronged. Hence, before taking the next step, keep all witnesses, evidences on your side. Take legal support and go by what your lawyer suggests too. Please dont go blindly by what your employer suggests. More often than not, some times, personal prejudices, personal confrontations, lead to such one-sided decisions, without providing ample opportunities to the employee under discussion. Once he goes to the labour court, we find lot of skeletons tumbling out of the employer's cup-board as well !
As the HR guy is supposed to stay and play neutral, take into account the facts first, the ground realities, be humane, before embarking on victimisation to please somebody's offended ego !
Best wishes
From India
As the HR guy is supposed to stay and play neutral, take into account the facts first, the ground realities, be humane, before embarking on victimisation to please somebody's offended ego !
Best wishes
From India
Hello Ramaseshan,
Simhan, Raj Kumar, Tushar Swar & B.Saikumar have pointed out the various aspects of the case you mentioned & given realistic suggestions.
However, there's one point you mentioned that doesn't really jell with the rest of the aspects of the case: "Neither we the employer......................is interested in retaining the said employee".
Can you pl elaborate this? WHY aren't YOU, as Employer, interested to retain him? It's as though you have ALREADY made-up your mind & are only looking for ways from the members to terminate him without the Company getting effected.
Can you give more details about this employee--how long has he been on rolls, his role/level, his past performance, any earlier attitude instances, etc?
Rgds,
TS
From India, Hyderabad
Simhan, Raj Kumar, Tushar Swar & B.Saikumar have pointed out the various aspects of the case you mentioned & given realistic suggestions.
However, there's one point you mentioned that doesn't really jell with the rest of the aspects of the case: "Neither we the employer......................is interested in retaining the said employee".
Can you pl elaborate this? WHY aren't YOU, as Employer, interested to retain him? It's as though you have ALREADY made-up your mind & are only looking for ways from the members to terminate him without the Company getting effected.
Can you give more details about this employee--how long has he been on rolls, his role/level, his past performance, any earlier attitude instances, etc?
Rgds,
TS
From India, Hyderabad
Dear Members,
I totally agree and respect all the views given by our HR fraternity. But the real problem is below.
This question is asked by a contractor, who has no choice but to execute the orders of his client.
If he execute this order without proving the theft, it will be definitely injustice to that particular employee.
If he doesn't execute the order, then he may lose his entire contract and hundreds of his workers will be out of their jobs.
(I have assumed that the contractor has no other site, where he can transfer this employee and the client is firm on his demand.)
Is there any way out?
With Best Regards,
Gajanan
From India, Pune
I totally agree and respect all the views given by our HR fraternity. But the real problem is below.
This question is asked by a contractor, who has no choice but to execute the orders of his client.
If he execute this order without proving the theft, it will be definitely injustice to that particular employee.
If he doesn't execute the order, then he may lose his entire contract and hundreds of his workers will be out of their jobs.
(I have assumed that the contractor has no other site, where he can transfer this employee and the client is firm on his demand.)
Is there any way out?
With Best Regards,
Gajanan
From India, Pune
When a query is posted without enough information, it is not prudent to assume. My tutor told me once "Never ASS U ME: when you do you make an ASS out of U and ME." That's why, usually, I raise questions and do not give any solutions to incomplete scenarios. Many other seniors do the same.
From United Kingdom
From United Kingdom
Being a contractor (or otherwise) does not entitle violation of any Labour Laws, principles of natural justice or basic human values. Warm regards.
From India, Delhi
From India, Delhi
As Mr.Simhan said,it is difficult for members to come out with clear replies on the basis of assumptions or when the queriest conceals the facts..So the replies will also tend to be presumptuous.In the instant case, the members have suggested to the queriest the alternative of transferring him to a different location .Since he has not so far stated that he has no different location, it is assumed that he has different site/s to transfer the employee.
B.Saikumar
HR & IR Adcisor
.
From India, Mumbai
B.Saikumar
HR & IR Adcisor
.
From India, Mumbai
Dear Rameshan, Looking to your problem, the best option, as already stated above, is to immediately stop him from attending the client office, further you can call him and confront him with the allegation made by the client and hear his part of the story. From the fact that you are also not interested to keep him further, shows that his record is not very good. The question of how to terminate such an employee is too complex and cannot be answered fully in such a discussion forum with very limited facts. But, first of all ascertain whether he has completed 240 days service. If he has not, then you can go ahead and simply terminate service. If he is on probation, then for unsatisfactory service he can be discharged.However, if the situation is otherwise, the best option is to persuade the employee to resign from service. If none of the above is possible, then you need to consult experts who can guide you as any wrong step can very badly boomerang on you. KK
From India, Bhopal
From India, Bhopal
Dear All,
I totally agree with Gajanan... as i been through the contract staffing as HR Representative from contractor side as well as from principle employer too..there is not more choice to contractor.. most of the time they just need to follow the instruction & always have the feare of loss of contract.
My given advice is ethical as well as realistic too.. even myself doesnt want to do any injustise with anyone.. so, instead of termination, transfer is the better way..
Regards,
Tushar Swar
From India, Mumbai
I totally agree with Gajanan... as i been through the contract staffing as HR Representative from contractor side as well as from principle employer too..there is not more choice to contractor.. most of the time they just need to follow the instruction & always have the feare of loss of contract.
My given advice is ethical as well as realistic too.. even myself doesnt want to do any injustise with anyone.. so, instead of termination, transfer is the better way..
Regards,
Tushar Swar
From India, Mumbai
Though Gajanan's question is seemingly an assumption but can be real as it throws more than an ethical dimension to the issue but I agree with learned member Mr.K.K Nair that it is not possible to discuss issues threadbare when the facts are limited and the suggestions of members too will be punctuated by so many ''ifs and' buts' and thus tend to be presumptuous.
B.Saikumar
HR & IR advisor
From India, Mumbai
B.Saikumar
HR & IR advisor
From India, Mumbai
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20200320_Adviso ry MinistryOfLabou r-Not To Terminate-Emplo yeesOrReduceWag es.pdf