Dear Rohit,

I agree to the three letter step approach. But the IT Firms follow 'employment at will'. The appointment letter would include the code of conduct which they might have signed. It includes adherence to discipline. The code may not clearly explain the matrix for the action to be taken on any non-adherence. But every code induces that any non-adherence would lead to termination.

My sincere suggestion, fighting a case will not be the way out, but continuity in the career is truly the one. We understand they made a mistake and learnt a lesson. Hopefully they would continue their careers with this learning. Please connect Mani with any opportunity that you may come across. Please do consider this suggestion.

Regards,
(Cite Contribution)

From India, Mumbai
Dear All
As he said they joined just 10 months back, why they are comming to office
if they have any personnel issue they need to see out side the office not in the office and office working hours, what ever the HR done is wrong, HR need to give warning letter to both the employees and their boss( reporting Manager ) but in the view of HR the decision is taken by management is right one. Its lesson to every body to maintain corrum of office .its office not college or park or public place. like child how they can behave .
second thing who given compliant against them, that also we need to verify they have given any charge sheet why this employees given apology letter with out getting any letter from HR
on both the sides ( HR and employee) they took wrong decission
ask your friend call on my mobile 09703806622 i will explain him what to do
regards
M.V.Gopal Reddy

From India, Hyderabad
Rajan Associates need to note that Cafeteria within the premises will deemed to be workplace only or an extension of it, if this incident has taken place in duty hours.
Punishment might be harsh but u hv deal with a strong hand in a place like a software company where so many girls and boys work together. Whatever the provocation was, he cud not slap a girl on duty. Moreso, they were on probation and conduct is watched in probation. Termination though a bit hard, is right. Performance included conduct and behaviour too.

From India, Bangalore
But its still office premises! Apologising and requesting is fine, but I dont really see it as a way out . When they have already been released , there's little hope that they will be re-hired. Its best to move ahead from this point.

From India, Mumbai
Hi

After looking on all the discussion going above, I would like to point out few things

1. Both of them are their from 10 months, so I believe they are no more on probation and if they are on permanent payroll of the company, HR has to give them a show cause notice.

2. The application for reconsider of the decision can be made to the higher authorities like Director HR, CEO and other reporting managers, along with a copy of the same to Labor Commissioner.

3. For termination of any Employee their a complete process, that starts from show cause notice, which the HR neglected during the termination decision.

4. In Corporate if their is any sort of Grievances, a Grievances Redressal Committee is there, so that situational analysis can be made and their they have taken decision on a 1 single day hearing, statement s has to be recorded from others to prove the same.

5. Girl can request again on the ground that just pinching can not be an issue for termination, as it is not a crime or a big misconduct to the higher HR and Managing Authorities.

6. Ask both of your friend to ask from the other colleges of the office, if they must have felt the same rude behavior from the same Mangers then they can forward a complaint against them of misusing the Rights.

Hope this can help them out.

All The Best and Ask Them to Keep The Light Of Hope.

From India, Delhi
Hi Manikandan,
First of all this matter is not to be raised in front of Management. Second when both boy and girl don't have any complaints for each other then why the action has taken. The employee who has complaint about both needs to understand that he has got nothing to do with their personal matter.
Please ask your friends to personally meet the management and discuss the issue. Hr is given the authority to take right decision and not to spoil any body's career. If this is the case I think the HR in your organisation needs to be trained properly.
Also you can ask your friend to consult any good lawyer and discuss this matter and can file a case against HR.
Please brief me in detail.
Regards,
Sapna

From India, Mumbai
Dear Mani
The punishment awarded by HR was justified. The idea of awarding punishment was not only to punish the wrong doer, but was also to send a strong message across to other employees that such kind of behavior is not acceptable from any one.
What both the employees can do is request for hearing and try and convert the degree of punishment from termination to suspension.
Also please check what does your company policy on code of conduct mention. If there is nothing mentioned, in regards to such or similar behavior, you can avail the veil of lack of knowledge of repercussions of their behavior,in the absence of clear guidance under the HR policy.
Also check your companies termination policy and also code of conduct policy to find is there is any provision for setting side the punishment awarded to you.
Regards
Octavious

From India, Mumbai
Mr. Manikandan,

Some points i want to share with u. First of all , admit that ur friends have done a mistake. ur initiative is really appreciable. but why that girl wrote "i pinched him" if it is a lie...then its the second mistake that she written in her letter. Watever the incident happens if its in paper, its a solid proof with two witnesses. and other 2 associates ...leave them bcoz if they have done for gaining reputation or promotion or good image then there "career is on AIR....."

A person can't be successful if he/she has a mentality of CRABS.

About the boy: To slap a girl in a cafeteria(u said tht they know for 5 yrs....it doesn't matter if u r slapping ur own sister in a cafeteria, it resembles the poor character) plz tell him to seek guidance from a good mentor, otherwise it will be a curse for him...

About his job: Update resume and be ready to accept a new job may not be in the same field... CAREER doesn't mean ALL IN LIFE, LIFE IS BEYOND CAREER...

About the girl: Tell her to FORGIVE tht boy , to forgive others means gaining wisdom. its not simply but still she can...

Abt her job:Update resume and be ready to accept a new job maynot be in the same field... CAREER doesn't mean ALL IN LIFE, LIFE IS BEYOND CAREER...

ONE OF THE BEST HELP FOR UR 2 friends is not to disclose this matter with other friends

From India, Thiruvananthapuram
No this is not right punishment. Both Boy and Girl should have been given time to improve. You have not mentioned about their performance /track record in the company during last 10 months. Pls write so
Regards
Krishan Grover

From India
are there any labour laws in india? why is it so easy for a company to dismiss employees? i suggest they can complain to labourer rights organization.
From China
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