I personally agree with Mr. Mallik’s opinion that if there is indiscipline, then the procedure for the same has to be followed.
From India, Gurgaon
9From India, Gurgaon
Dear all, I would like to intervene into this for more clarification and the benefits of fresh HR professionals. For regular or permanent employee to terminate on the ground of reasons being expressed by Ms Sharmla as follows:"indisciplinary behviour . Inspite of warnings given there was no improvement. Late coming, leaving early, absentism, no response to calls etc"These indisciplines needs to be proved before termination of services. Because this termination without following proper disciplinary action proceedings is illigal.- This point is being addressed by Mr.Malikjs. and this is the only truth.If you have something beyond this can be treated as follows;1. Termination after Disciplinary Action- No Notice Required2. Termination due to non-performance or redundancies- Notice Required3. Termination During Probation Period - No Notice RequiredBadlu.
From Saudi Arabia
From Saudi Arabia
Thank u all, especially Mr. Badlu and Mr. Malik.
At these times when HR dept is becoming downsized . . the juniors who remain in the group have to decide on all these delicate issues. I am happy that CiteHR is helping a lot of young HR professionals.
From India, Madras
At these times when HR dept is becoming downsized . . the juniors who remain in the group have to decide on all these delicate issues. I am happy that CiteHR is helping a lot of young HR professionals.
From India, Madras
Are you taken any diciplinary action against him / her, if taken you should have the evidence paper, incase you are not taken any action against him / her.
He / she has rights to go to concilation (Labour council).
you should have evidence of the above misconduct.
but need not to pay the notice period amount.
regards
thiru
From India, Madras
He / she has rights to go to concilation (Labour council).
you should have evidence of the above misconduct.
but need not to pay the notice period amount.
regards
thiru
From India, Madras
Dear Sharmila,
As far as indiscipline is concerned, we percieve verbal and written warning in the incipient stage is very much imperative. Despite of this, if there is no improvisation in the behaviour or conduct, then policy of termination could be applied. and we can also move ahead as per HR Manual as well the guidelines of company.
But yes, of course there is no point of notice period after warning to employee.
would request members of citehr to justify as well comment my point:) also.
From India, Delhi
As far as indiscipline is concerned, we percieve verbal and written warning in the incipient stage is very much imperative. Despite of this, if there is no improvisation in the behaviour or conduct, then policy of termination could be applied. and we can also move ahead as per HR Manual as well the guidelines of company.
But yes, of course there is no point of notice period after warning to employee.
would request members of citehr to justify as well comment my point:) also.
From India, Delhi
Hi, At the time termination on the grounds of non-performance also, we perceive notice period is required which would be as per terms stated in the appointment letter. Regards, Rachna
From India, Delhi
From India, Delhi
i Feel Before Terminating/discharging On 'misconduct' Or 'non Performance' To Any Worker, Appropriate Opportunity / Hearing Has To Be Given To The Worker Under Id Act. If Found Guilty In Whole Process Only Then You Can Proceed For Further Action. Better To Consult Law Section Before Taking Any Action.
Regards
harminder
Regards
From India, Raurkela
Hi Sharmila,
If an employee is not responding to your call or not giving any explanation to domestic enquiry team employer can terminate him/her without notice period. Paying notice period salary is also not necessary. Before taking action send him/her an explanation letter and ask him/her to submit it in 24 hours. If failed or explanation is not satisfactory you can take immediate action.
Ajay Padnekar
From India, Bangalore
If an employee is not responding to your call or not giving any explanation to domestic enquiry team employer can terminate him/her without notice period. Paying notice period salary is also not necessary. Before taking action send him/her an explanation letter and ask him/her to submit it in 24 hours. If failed or explanation is not satisfactory you can take immediate action.
Ajay Padnekar
From India, Bangalore
I request all members please do not comments with your half knowledge. Until you are sure what you mean and what is law for such action please do not misguide our fraternity.
Try to follow expertise of Mr.Malikjs and Mr.BadluSir they are real experts and read their comments carefully they speaks very clearly and you will find accurate answers if you pay proper attention.
Partho
From Saudi Arabia
Try to follow expertise of Mr.Malikjs and Mr.BadluSir they are real experts and read their comments carefully they speaks very clearly and you will find accurate answers if you pay proper attention.
Partho
From Saudi Arabia
Hi,
Non – performance and misconduct are completely two different terms.
Meaning of misconduct-
1 .Behavior not conforming to prevailing standards or laws; impropriety.
2. The act or an instance of adultery.
* No notice period will be given so the payment of notice payment will not be there. Its full and final settlement. From the movement of issue of termination he even should not be in the premises also.
Meaning of non – performance-
Failure to act with the prudence that a reasonable person would exercise under the same circumstances.
* There can be notice period. And the payment also will be there. Non performance is one an offence.
Go through your company policies too.
Aparna Sethi
From India, Salai
Non – performance and misconduct are completely two different terms.
Meaning of misconduct-
1 .Behavior not conforming to prevailing standards or laws; impropriety.
2. The act or an instance of adultery.
* No notice period will be given so the payment of notice payment will not be there. Its full and final settlement. From the movement of issue of termination he even should not be in the premises also.
Meaning of non – performance-
Failure to act with the prudence that a reasonable person would exercise under the same circumstances.
* There can be notice period. And the payment also will be there. Non performance is one an offence.
Go through your company policies too.
Aparna Sethi
From India, Salai
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