Dear Mr. NASHBRAMHALL and all members/readers,
With reference to the query of NASHBRAMHALL, I, with all humility and due regard to everyone's acumen, wish to suggest my viewpoint that "the draft posted by me is a safeguard against the ex-employees who were terminated for misconduct." Exceptions are always there and will always be there; that is why the law is a matter of continuous review and amendment. My suggested draft is a matter to be considered with a positive spirit and changes can be made according to your requirements. If members feel there is any defect, I would pray for an amended draft that can be shared on citehr.
With due respect and in all humility,
C.M. Lal Srivastava
From India, New Delhi
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126With reference to the query of NASHBRAMHALL, I, with all humility and due regard to everyone's acumen, wish to suggest my viewpoint that "the draft posted by me is a safeguard against the ex-employees who were terminated for misconduct." Exceptions are always there and will always be there; that is why the law is a matter of continuous review and amendment. My suggested draft is a matter to be considered with a positive spirit and changes can be made according to your requirements. If members feel there is any defect, I would pray for an amended draft that can be shared on citehr.
With due respect and in all humility,
C.M. Lal Srivastava
From India, New Delhi
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Mr. Srivastava, how can you deter your employees from interacting with an outsider in view of the availability of so many means of communication at the workplace and outside unless it pertains to the transfer of classified information related to the business? The circular, therefore, is not enforceable either in practice or in law.
s.k.johri
From India, Delhi
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s.k.johri
From India, Delhi
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Dear Mr. Payal,
Generally, employers do not want to see that their existing employees should not have any contact with their ex-employees, particularly those whose services are terminated on disciplinary grounds. In their opinion, these ex-employees may likely spoil the good environment of their office by polluting the minds of existing employees. In my opinion, this type of thinking or apprehension on the part of employers is ridiculous and cannot be said to be good for anyone. Why? Because nowadays, we cannot prevent or control any person from passing information from one place to another or from one person to another as the means of communication may be in different forms such as email, cell phones, etc.
Every organization has its own service rules or standing orders covering the subject under reference, and acts of misconduct might have been clearly defined. If an employee is alleged to have committed any misconduct, they could be punished by invoking the relevant service rules or standing order, as the case may be. Simply being in touch with an ex-employee by an existing employee cannot be termed as bad unless such interaction or sharing of views is found to be detrimental to the interest of the employer's business. Therefore, this kind of circular should not be issued as it could potentially lead to further complications.
Regards,
NVRao
From India, Hyderabad
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Generally, employers do not want to see that their existing employees should not have any contact with their ex-employees, particularly those whose services are terminated on disciplinary grounds. In their opinion, these ex-employees may likely spoil the good environment of their office by polluting the minds of existing employees. In my opinion, this type of thinking or apprehension on the part of employers is ridiculous and cannot be said to be good for anyone. Why? Because nowadays, we cannot prevent or control any person from passing information from one place to another or from one person to another as the means of communication may be in different forms such as email, cell phones, etc.
Every organization has its own service rules or standing orders covering the subject under reference, and acts of misconduct might have been clearly defined. If an employee is alleged to have committed any misconduct, they could be punished by invoking the relevant service rules or standing order, as the case may be. Simply being in touch with an ex-employee by an existing employee cannot be termed as bad unless such interaction or sharing of views is found to be detrimental to the interest of the employer's business. Therefore, this kind of circular should not be issued as it could potentially lead to further complications.
Regards,
NVRao
From India, Hyderabad
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Dear All Counterpart Members and Seniors,
With due respect and apology to all, I may take an opportunity in all humility to prayerfully express that opinions have been expressed with lots of qualifying words and phrases, but the soul and spirit of the matter remains untouched, and no modified draft has been posted as requested. It is also noted that the member, Ms. Payal, who started the discussion, has not given any feedback.
In view of the present position, I wish to place a full stop for myself in the matter with my sincere thanks to all counterpart members and seniors who have posted good views and given guiding principles to take action under the prevailing disciplinary rules.
Thanking you all.
Srivastava
From India, New Delhi
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With due respect and apology to all, I may take an opportunity in all humility to prayerfully express that opinions have been expressed with lots of qualifying words and phrases, but the soul and spirit of the matter remains untouched, and no modified draft has been posted as requested. It is also noted that the member, Ms. Payal, who started the discussion, has not given any feedback.
In view of the present position, I wish to place a full stop for myself in the matter with my sincere thanks to all counterpart members and seniors who have posted good views and given guiding principles to take action under the prevailing disciplinary rules.
Thanking you all.
Srivastava
From India, New Delhi
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It is better to communicate such issues through face-to-face communication meetings in small groups rather than sending a written circular. It is more important that the employees understand the reason behind such communication and also have a chance to clarify their doubts through Q&A sessions after face-to-face meetings.
From India, Delhi
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From India, Delhi
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