Dear Friend:
Have you got any policy regarding termination in your company. If not you can do so easily. My suggestion would be to work on a proper policy for handling misconduct and subsequently the termination. If you do so this will itself streamline the process.
I would also suggest that hire a temporary LLB or a person related to Law who can help you design format for various kinds of terminations.
Last but not least termination is followed by 2 written warning, first a simpler which is called "Show Cause Notice" which gives an employee a chance to prove why this misconduct happened. Second is a reprimand which is either a strict warning leading to termination or in a severe case direct termination which is done when an employee is not able to prove things in his/her own favour.
Have you got any policy regarding termination in your company. If not you can do so easily. My suggestion would be to work on a proper policy for handling misconduct and subsequently the termination. If you do so this will itself streamline the process.
I would also suggest that hire a temporary LLB or a person related to Law who can help you design format for various kinds of terminations.
Last but not least termination is followed by 2 written warning, first a simpler which is called "Show Cause Notice" which gives an employee a chance to prove why this misconduct happened. Second is a reprimand which is either a strict warning leading to termination or in a severe case direct termination which is done when an employee is not able to prove things in his/her own favour.
Dear Akbar,
Greetings,
I appreciate your suggestion and I do agree with you but it is for permanent employee. In case of probationers, notice is not required and can be terminated without notice or on 1 day notice on the ground of probation.
Thanx
Ajay Sharma
From India, Jaipur
Greetings,
I appreciate your suggestion and I do agree with you but it is for permanent employee. In case of probationers, notice is not required and can be terminated without notice or on 1 day notice on the ground of probation.
Thanx
Ajay Sharma
From India, Jaipur
Hi All!
Great Thanks to all of you for letting me know your views and guiding me to handle this situation.
We have issued them two warnings and they have not replied to any one. Also, we have deployed an investigation team to back up and reconfirm all the facts attached thereto. Now, I think we have the choice to terminate them easily that too with out a fear of getting in to any further legal trouble.'
Further, can you please confirm me one thing that if a virtual termination would serve our purpose or it has to be on paper mailed to them?
Thanks Peer sahab for providing the link. Its really useful.
Thanks to Deepshikha, Ajay, Rajan and everybody else to contribute their suggestions.
Regards,
Padam
From India
1Great Thanks to all of you for letting me know your views and guiding me to handle this situation.
We have issued them two warnings and they have not replied to any one. Also, we have deployed an investigation team to back up and reconfirm all the facts attached thereto. Now, I think we have the choice to terminate them easily that too with out a fear of getting in to any further legal trouble.'
Further, can you please confirm me one thing that if a virtual termination would serve our purpose or it has to be on paper mailed to them?
Thanks Peer sahab for providing the link. Its really useful.
Thanks to Deepshikha, Ajay, Rajan and everybody else to contribute their suggestions.
Regards,
Padam
From India
You mentioned they are on probation , as one of our member had replied there is no issue give them a notice period for 15 days and give them the termination letter. Deepthi.j
From India, Madras
From India, Madras
I have a Senior employee, who has joined but has not submitted any documents till now. I have verbally told him several times. I have forgotten to keep track as we have so many joining regularly that his case completely slipped off. Now after 5 mths. I have once again remembered and now put it in writing. He is still not serious and says I'll do it. What action can be taken. I don't think we can terminate him as he holds an important position. Pl. help.
From India, Mumbai
From India, Mumbai
You can terminate their services as they have not fullfilled their joining formalities. Secondly you need not confirm thier appointment or extend their probation period.
From India, Mumbai
From India, Mumbai
Dear,
you can not terminate someone services without giving him oppourtunity to explain and defend himself.in your view someone has done serious misconduct,than issue him charge sheet and ask written explanation .if you are not satisfied with his explanation than you have to order for domestic enquiry.which should be conducted as per principles of natural justice.if he is found guilty in enquiry than issue second show cause to him as why your services should not be terminated.than issue termination letter.
termination is not so easy,it is typical procedure.
tks
j s malik
From India, Delhi
you can not terminate someone services without giving him oppourtunity to explain and defend himself.in your view someone has done serious misconduct,than issue him charge sheet and ask written explanation .if you are not satisfied with his explanation than you have to order for domestic enquiry.which should be conducted as per principles of natural justice.if he is found guilty in enquiry than issue second show cause to him as why your services should not be terminated.than issue termination letter.
termination is not so easy,it is typical procedure.
tks
j s malik
From India, Delhi
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Termination-emp loyment_563.pdf
Termination letter.doc