If he has confessed, get his statement in writing. If not issue a letter referring to the confession he made to the director and false allegation he has made and ask his explanation why a suitable disciplinary action should not be taken against him. Give him a time line to reply. may be 7 days. Suspend him pending investigations. Remove his access to any electronic data banks. You need to properly organize written proof of him leaking company information also. If you have the proof, when you receive his explanation, if he do not accept his fault you may have to go for an inquiry. If you have solid proof, then you can terminate him. If he accept the fault, then there is no issue of termination. However depending on the gravity of the offense, you can take legal action on criminal charges. If it is that serious you can tell him that if he resigns you would drop the criminal charges and push him to resign which would reduce your burden.
Thanks a lot for your reply. I am really grateful for your guidance. Can anyone provide me the format of chargesheet or show cause Letter for this case. Please reply. Thanks
From India, Mumbai
From India, Mumbai
Dear All,
I would like to ask for how many days we can suspend the Manager as found guilty?
And as mentioned in the previous reply about suspension can we suspend a person after receiving complaint or after proving him to be guilty we can suspend?
Kindly reply.
From India, Mumbai
I would like to ask for how many days we can suspend the Manager as found guilty?
And as mentioned in the previous reply about suspension can we suspend a person after receiving complaint or after proving him to be guilty we can suspend?
Kindly reply.
From India, Mumbai
Dear All,
I do not see any Labour Law difficulty in terminating such Manager as he do not fall under the Definition of the workman. Even you can terminate such Manager instantly by giving him one or two month (as given in the employment agreement) notice pay in lieu of the notice. Office is not a place for romance and definitely coworkers are off limit for official information which is privy only for few Senior Staff.
It is Management's call if they want to terminate such Manager who is spoiling the office environment. There are no Legal Limitations in doing so. Just give him notice pay and you would be good to go. You even do not need to hold the enquiry. Simply say that your services are no longer required and attach his full and final with it. Such people lead to bad office environment which must not be tolerated at any cost. The situation would have been different if he would have been a workman.
From India, New Delhi
314I do not see any Labour Law difficulty in terminating such Manager as he do not fall under the Definition of the workman. Even you can terminate such Manager instantly by giving him one or two month (as given in the employment agreement) notice pay in lieu of the notice. Office is not a place for romance and definitely coworkers are off limit for official information which is privy only for few Senior Staff.
It is Management's call if they want to terminate such Manager who is spoiling the office environment. There are no Legal Limitations in doing so. Just give him notice pay and you would be good to go. You even do not need to hold the enquiry. Simply say that your services are no longer required and attach his full and final with it. Such people lead to bad office environment which must not be tolerated at any cost. The situation would have been different if he would have been a workman.
From India, New Delhi
Dear Shri Kamal Kant Tyagi,
If you please don't mind, you being an advocate, your advice should not have been suggestive of an ex-parte judgment on the part of the management. Allegation can be or cannot also be true. So far as the concern of spoilage of office environment is concerned, that can become worse, if a wrong accuser is given undue support without proper investigation, as that can tend to setting up a precedent for any other woman worker also to make false accusation against his superiors without any reason or rhyme, if she is scolded for her inefficiency.
Although the manager can be terminated any time even without showing any cause, but in the wake of a serious allegation under POSH, it becomes quite essential for the management to discharge its duties & responsibilities with due diligencw by giving proper hearing to the accused.also before penalising him. Such incidents, if not investigated properly, not only can affect productivity, but also make the HR target of criticism for its bias and prejudice. My belief is that HR has to keep proper checks & balances in dealing with such type of cases before arriving at a final rational concusion. So, mere allegation should not be taken as enough for termination of a manager that must also be proved beyond any doubt.
From India, Delhi
If you please don't mind, you being an advocate, your advice should not have been suggestive of an ex-parte judgment on the part of the management. Allegation can be or cannot also be true. So far as the concern of spoilage of office environment is concerned, that can become worse, if a wrong accuser is given undue support without proper investigation, as that can tend to setting up a precedent for any other woman worker also to make false accusation against his superiors without any reason or rhyme, if she is scolded for her inefficiency.
Although the manager can be terminated any time even without showing any cause, but in the wake of a serious allegation under POSH, it becomes quite essential for the management to discharge its duties & responsibilities with due diligencw by giving proper hearing to the accused.also before penalising him. Such incidents, if not investigated properly, not only can affect productivity, but also make the HR target of criticism for its bias and prejudice. My belief is that HR has to keep proper checks & balances in dealing with such type of cases before arriving at a final rational concusion. So, mere allegation should not be taken as enough for termination of a manager that must also be proved beyond any doubt.
From India, Delhi
Dear Sir,
As I have already mentioned the Manager has confessed for certain things in the front of one of our Director. So the allegations made by Executives are not false. But my query is can we terminate on these grounds because the action is always based on severity of the offence.
He revealed some information to that female employees which was discussed only with bosses in the cabin. One of my Director feels that the information which he revealed is not so important. But other Director said he should not share any information whether its important or not, doesn't matter.
Having affairs is personal and consensual relationship so for cheating in relationship we cant take action ( we wish to take action as he is not stopping on one girl. He is approaching female employees but very smartly. He knows about POSH I suppose, That is why he bluntly said that company cant take any action, unfortunately which is true)
But he revealed information about new processes and also told both females that he will take them in that once started when he was in relationship with them. So on this basis I raised my query about his suspension or termination.
Kindly guide me can we terminate him or if suspend him then for how many days we can suspend him?
From India, Mumbai
As I have already mentioned the Manager has confessed for certain things in the front of one of our Director. So the allegations made by Executives are not false. But my query is can we terminate on these grounds because the action is always based on severity of the offence.
He revealed some information to that female employees which was discussed only with bosses in the cabin. One of my Director feels that the information which he revealed is not so important. But other Director said he should not share any information whether its important or not, doesn't matter.
Having affairs is personal and consensual relationship so for cheating in relationship we cant take action ( we wish to take action as he is not stopping on one girl. He is approaching female employees but very smartly. He knows about POSH I suppose, That is why he bluntly said that company cant take any action, unfortunately which is true)
But he revealed information about new processes and also told both females that he will take them in that once started when he was in relationship with them. So on this basis I raised my query about his suspension or termination.
Kindly guide me can we terminate him or if suspend him then for how many days we can suspend him?
From India, Mumbai
Dear Anonymous,
Confession on personal discussion between two persons and written confession are two distinct things. You have claimed to be an HR Manager but, please don't mind, your inapt and raw descriptions of the events so far indicates something else about you.
So, better read the act and rules on sexual harassment and act according to the process prescribed therein. But if you are so inclined not to follow any legal mthod, you may better use your own wisdom in the matter.
From India, Delhi
Confession on personal discussion between two persons and written confession are two distinct things. You have claimed to be an HR Manager but, please don't mind, your inapt and raw descriptions of the events so far indicates something else about you.
So, better read the act and rules on sexual harassment and act according to the process prescribed therein. But if you are so inclined not to follow any legal mthod, you may better use your own wisdom in the matter.
From India, Delhi
Suspend.Investigate. Chargesheet. Get his reply,if agrees punish him. If not make one Enquiry committee headed by 1 grade senior to him. Put management defence. Let him defend through one employee/himself. Obtain decision of Inquiry officer. Then punish him. But all should be as per yr HR policy.
From India, Ahmedabad
From India, Ahmedabad
Such acts of executives should be handled with Iron hand. Taking A Transparent action under POSH would save the reputation of the organization as well as sending message to the other employees working in the organization. If the allegation is proved in the ICC enquiry, the heavy penalty be imposed on the delinquent in addition to the removal from employment.
From India, Mumbai
From India, Mumbai
Agree with suggestions by ED Larena, Ritesh & K. Kulkarni.
Steps should be as -
1) Verify the allegation, unbiased.
2) Depending upon the result, revoke the authorizations, so that culprit should not be able to effect the scene.
3) Give both of them a chance to defend himself/herself. (Using word HER,as at this stage you can not name the accused).
4) DOCUMENT the confession very clearly(on paper / on recording).
5) In any case, this does not seems as Sexual harassment case. Nor of revealing business secrets. Because he has not passed the information outside the company. Please check internal rules & regulations of your company. Does it speak any thing about sharing information among the Colleagues.
6) Charges can be of Business ethics & Code of Conduct only.
7) On this basis with complete evidences & confirmation in hand, the culprit can be TERMINATED.
Steps should be as -
1) Verify the allegation, unbiased.
2) Depending upon the result, revoke the authorizations, so that culprit should not be able to effect the scene.
3) Give both of them a chance to defend himself/herself. (Using word HER,as at this stage you can not name the accused).
4) DOCUMENT the confession very clearly(on paper / on recording).
5) In any case, this does not seems as Sexual harassment case. Nor of revealing business secrets. Because he has not passed the information outside the company. Please check internal rules & regulations of your company. Does it speak any thing about sharing information among the Colleagues.
6) Charges can be of Business ethics & Code of Conduct only.
7) On this basis with complete evidences & confirmation in hand, the culprit can be TERMINATED.
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
H.R.Manager - Job Chart.doc
152120-very-use ful-hr-manageme nt-software-bui lt-excel-psa-hr -manager-mainta in-payrrol-exce l-soft.zip
Signs of a Good Manager.ppt