Hi Parab,
From your message it appears the person in question is a habitual alcoholic and a repeat offender.
While it seems proper to show him the way out, as he has repeated the offence more than thrice, my suggestion is that , before you dismiss the person, please hold a formal domestic enquiry and complete the process and keep all your support documents in place.
The memo that was issued earlier cautioning him to refrain from such act, must be there in original.
In case he does not respond to the "show cause notice", send the same to his officially registered residential address by Registered post and if the same returns back unaccepted , then you publish an advertisement in the vernacular newspaper asking the person to report at office within a specified date or else his employment shall stand terminated.
Also it is suggested to go through the "Administrative Manual" r "Standing Orders" governing the service conditions in your organisation, as regards the procedure to be followed while terminating an employee for gross indiscipline of this sort.
We must keep in mind that "Principle of Natural Justice" is to be followed in any such termination in order to avoid any future legal repurcussions.
You may please take your decision accordingly.
Regards,
Probhat
From India
1From your message it appears the person in question is a habitual alcoholic and a repeat offender.
While it seems proper to show him the way out, as he has repeated the offence more than thrice, my suggestion is that , before you dismiss the person, please hold a formal domestic enquiry and complete the process and keep all your support documents in place.
The memo that was issued earlier cautioning him to refrain from such act, must be there in original.
In case he does not respond to the "show cause notice", send the same to his officially registered residential address by Registered post and if the same returns back unaccepted , then you publish an advertisement in the vernacular newspaper asking the person to report at office within a specified date or else his employment shall stand terminated.
Also it is suggested to go through the "Administrative Manual" r "Standing Orders" governing the service conditions in your organisation, as regards the procedure to be followed while terminating an employee for gross indiscipline of this sort.
We must keep in mind that "Principle of Natural Justice" is to be followed in any such termination in order to avoid any future legal repurcussions.
You may please take your decision accordingly.
Regards,
Probhat
From India
Dear All, Please Help me in this problem, I am working as Admin & Coordinator ,pls can eany body help me what all my Jobs & what i can bring new ids to my company.. Help me Pleace
From India, Bangalore
From India, Bangalore
sir, I just want to say that give him a chance to respond to ur company as many times as possible.if possible u personally can have a meeting with the particular employee ask ur managers to go for counselling which can change the behaviour of the employee if all the things fail, then fire him only after completing all the formalities,like conducting domestic inquiry, proving him for the mis-conduct which he has commited and keep all the documentary evidences with u as a sort of proof. if the employee is not responding u prepare a charge-sheet and send it to his adress and make sure that acknowledgement due must be received
From India, Vijayawada
From India, Vijayawada
Hi Pranab,
You should be soft on this,but take strong action by putting a penalty on this,if you raised a heavy fine then employee himself realised the problem of drinking.
Yes,Fine can be solution,see Govt organisation put fine in most of the drunk cases.
Best regards
Sajid Ansari-Delhi
From India, Delhi
You should be soft on this,but take strong action by putting a penalty on this,if you raised a heavy fine then employee himself realised the problem of drinking.
Yes,Fine can be solution,see Govt organisation put fine in most of the drunk cases.
Best regards
Sajid Ansari-Delhi
From India, Delhi
If it is very first time that incident happened It is very difficult to prove that the person was drunked in domestic enquiry. you need to have medical report of the person for support. Which is proces for dismissal
Vivek Kumar
09891151873
From India, Bangalore
Vivek Kumar
09891151873
From India, Bangalore
my dear friends,
These are all critical issues, u have tackle very carefully... frist chekout whether your organisation had standing orders or certified rules and regulation.... if the employees r in less number u hav 2 make rules and regulation, which as to be certified from mgmt and employee side....after that u can follow these procedures...like show cause...charge sheet....enqury...investigation....and make record.....then base on all this u can fire the diliquent employee... because now evrybody are educated and they know the law....so in future u may face prolbem.....so without document & proof nobody will agree you....and if it bcoms serious issue then even mgmt will against u....
Regards,
Ramnath G Naik
From India, Bangalore
These are all critical issues, u have tackle very carefully... frist chekout whether your organisation had standing orders or certified rules and regulation.... if the employees r in less number u hav 2 make rules and regulation, which as to be certified from mgmt and employee side....after that u can follow these procedures...like show cause...charge sheet....enqury...investigation....and make record.....then base on all this u can fire the diliquent employee... because now evrybody are educated and they know the law....so in future u may face prolbem.....so without document & proof nobody will agree you....and if it bcoms serious issue then even mgmt will against u....
Regards,
Ramnath G Naik
From India, Bangalore
Hi
If no direct written any clause for "under the influence of alcohol during working hours" you must be having some clause for misconduct & unethical behavior at work place, you can put this case under that clause with grave repercussion for the same. Since you have already warned him earlier also ask him either to resign or process his termination with all supportive documents. Take serious action to set example.
Add clause for handling such cases in appointment letter for future :)
Cheers
Sheetal Sehgal
From India, New Delhi
If no direct written any clause for "under the influence of alcohol during working hours" you must be having some clause for misconduct & unethical behavior at work place, you can put this case under that clause with grave repercussion for the same. Since you have already warned him earlier also ask him either to resign or process his termination with all supportive documents. Take serious action to set example.
Add clause for handling such cases in appointment letter for future :)
Cheers
Sheetal Sehgal
From India, New Delhi
Dear,
On the date on which this employee was in a drunken stage, you should have got him medically examined and even issued show cause notice making at least two witnesses who could state before any inquiry of his being drunken during office hrs inside office premises.
Whetehr you have a substance abuse policy or not it does not matter, he can be simply terminated for his irresponsible behaviour.
Send him an expeditor and ask for reply to your show cause notice. If he fails this time terminate his service. For more detail you can talk to me 09990231262.
Major Anand
From India, Delhi
On the date on which this employee was in a drunken stage, you should have got him medically examined and even issued show cause notice making at least two witnesses who could state before any inquiry of his being drunken during office hrs inside office premises.
Whetehr you have a substance abuse policy or not it does not matter, he can be simply terminated for his irresponsible behaviour.
Send him an expeditor and ask for reply to your show cause notice. If he fails this time terminate his service. For more detail you can talk to me 09990231262.
Major Anand
From India, Delhi
Dear,
The services of an employee can not be terminated without giving him an opportunity to explain as a principle of natural justice.
However you can issue him a chargesheet & conduct an enquiry before termination of his services. If the employee will not cooperate, the enquiry can be proceeded expartee. This is as per law to terminate an employee.
K.K.Panigrahi,
From India, Calcutta
The services of an employee can not be terminated without giving him an opportunity to explain as a principle of natural justice.
However you can issue him a chargesheet & conduct an enquiry before termination of his services. If the employee will not cooperate, the enquiry can be proceeded expartee. This is as per law to terminate an employee.
K.K.Panigrahi,
From India, Calcutta
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