Have you documented the insubordination?
Has the Manager/Spvsr handed in a written complaint?
What does your SOP say?
What constitutes insubordination- exactly. Disobeying a direct order or questioning a stupid one?
Was the employee rude, abusive or ignorant?
Please check the statements and make your inquiries prior to taking the easy route of dismissal.
Yes, if you terminate an employee on hearsay insubordination you are liable for unfair dismissal in a court of law. Furthermore, if the employee belongs to a union you will have to answer to the tribunal.
PVQ
From United Arab Emirates, Dubai
12Has the Manager/Spvsr handed in a written complaint?
What does your SOP say?
What constitutes insubordination- exactly. Disobeying a direct order or questioning a stupid one?
Was the employee rude, abusive or ignorant?
Please check the statements and make your inquiries prior to taking the easy route of dismissal.
Yes, if you terminate an employee on hearsay insubordination you are liable for unfair dismissal in a court of law. Furthermore, if the employee belongs to a union you will have to answer to the tribunal.
PVQ
From United Arab Emirates, Dubai
Dear Gigi,
You can not terminate an employee just like that.
Try to find out the fact.
Issue a show cause notice.
Ask him/her why the disciplinary action will not be initiated against him/her.
Give him/her full liberty to defend hemself/herself.
If you are not satisfied go for disciplinary action accordingly.
Pranab.
From India, Mumbai
You can not terminate an employee just like that.
Try to find out the fact.
Issue a show cause notice.
Ask him/her why the disciplinary action will not be initiated against him/her.
Give him/her full liberty to defend hemself/herself.
If you are not satisfied go for disciplinary action accordingly.
Pranab.
From India, Mumbai
Dear Pramod,
Management should not terminate an employee on the basis of subordination. You should analyse the root cause for same. Try to understand his problem since it is a bahavioural matter. We should provide him some sort of training to motivate towards work, we should analyse his work load & pressure. Even after putting efforts an employee is not co-operating than we should ready with ground work i.e. performance appraisal, no increments if confirmed or probation extension if on probation. Employee should be reviewed after every 03 months, even after this much efforts he doesn't changes, on the basis of his subordination he should be issued warning, show cause or suspension letter leading to domestic enquiry.
This enquiry should be fair from management perspective or engage Mr. Leekha as enquiry officer. Further he will guide how this termination will take place.
Regards,
Krishnavat75
From India, New Delhi
Management should not terminate an employee on the basis of subordination. You should analyse the root cause for same. Try to understand his problem since it is a bahavioural matter. We should provide him some sort of training to motivate towards work, we should analyse his work load & pressure. Even after putting efforts an employee is not co-operating than we should ready with ground work i.e. performance appraisal, no increments if confirmed or probation extension if on probation. Employee should be reviewed after every 03 months, even after this much efforts he doesn't changes, on the basis of his subordination he should be issued warning, show cause or suspension letter leading to domestic enquiry.
This enquiry should be fair from management perspective or engage Mr. Leekha as enquiry officer. Further he will guide how this termination will take place.
Regards,
Krishnavat75
From India, New Delhi
Dear Promod
Please do not terminate without giving charge sheet to the concerned employee and holding a proper domestic enquiry. If you do not do this then the termination will be bad in law.
Secondly an act of insubordination may not justify termination. How serious and grave it is ? Whether it is a solitary instance or a repeated one ? Does it impact the entire organisation ? Did you warn him before? These will be some of the basic considerations while awarding punishment even if you choose to charge sheet him. Please remember that the intended punishment must match the severity of the misconduct.
Best of Luck
Mohan.
From India
Please do not terminate without giving charge sheet to the concerned employee and holding a proper domestic enquiry. If you do not do this then the termination will be bad in law.
Secondly an act of insubordination may not justify termination. How serious and grave it is ? Whether it is a solitary instance or a repeated one ? Does it impact the entire organisation ? Did you warn him before? These will be some of the basic considerations while awarding punishment even if you choose to charge sheet him. Please remember that the intended punishment must match the severity of the misconduct.
Best of Luck
Mohan.
From India
dear mr mohan said the correct thing .you may put clause in appointment letter but you can not terminate sdomeone without proper enquiry. tks j s malik
From India, Delhi
From India, Delhi
DEAR PRAMOD,
Termination is the last resort after you have explored all possibilities. If the need arises in future,in a labour court you have to prove that no other alternative was available to you but to terminate the services due to- the employee's REPEATED failure to comply with the employment conditions which he/she is subject to. Even show cause notice is the first step, followed by your not accepting the given reply/assurance followed by a second/third similar instance followed by information to labour officer/Govt labour commissioner followed by termination- MAKE THE CASE AIR TIGHT BEFORE YOU 'TERMINATE' MAN! TERMINATION IS SIMILAR TO A DIVORCE!
Termination is the last resort after you have explored all possibilities. If the need arises in future,in a labour court you have to prove that no other alternative was available to you but to terminate the services due to- the employee's REPEATED failure to comply with the employment conditions which he/she is subject to. Even show cause notice is the first step, followed by your not accepting the given reply/assurance followed by a second/third similar instance followed by information to labour officer/Govt labour commissioner followed by termination- MAKE THE CASE AIR TIGHT BEFORE YOU 'TERMINATE' MAN! TERMINATION IS SIMILAR TO A DIVORCE!
We can not terminate an employ without giving him/her sufficient opportunity to defend him/her self. he can be given show cause notice, if not satisfied than order an impartial inquiry and on the outcome of that take further action. this PPT gives the complete proceedure.This PPT can be downloaded from "Search" given on top of the page.
Regards
Ashok malik
From India, New Delhi
Regards
Ashok malik
From India, New Delhi
Dear All.
Thanks for the attachment. But what happen incase company decided to windup its operations. Then is it fair to offer one months salary with termination letter without any notice..
Pankaj Garg
From India, Delhi
Thanks for the attachment. But what happen incase company decided to windup its operations. Then is it fair to offer one months salary with termination letter without any notice..
Pankaj Garg
From India, Delhi
A help required pl.
One of our project site is getting over on 31st July. We have nearly 8 employees working with it. their last letter was for a contract period upto 31st July 2009.
What type of letter should I give now if I have to terminate their contract due to cessation of work. I have crossed the notice period of 3 mths. also now. Can I just issue a termination letter. Their contract cannot be renewed at all.
Its urgent.
Thanx in advance.
From India, Mumbai
One of our project site is getting over on 31st July. We have nearly 8 employees working with it. their last letter was for a contract period upto 31st July 2009.
What type of letter should I give now if I have to terminate their contract due to cessation of work. I have crossed the notice period of 3 mths. also now. Can I just issue a termination letter. Their contract cannot be renewed at all.
Its urgent.
Thanx in advance.
From India, Mumbai
Hi Promod
Termination , in the manner , as mentioned by you will not be upheld by law. Termination sans enquiry can be resorted to in the circumstances where it is not practically possible to hold an enquiry. And this will have to be proved to the satisfaction of the court if the termination is challenged later on.
The act of insubordination on the part of the employee will have to proved. What was the specific act ? Whether that was an solitary act or done before also? Was the act so grave so as to deserve the extreme punishment of termination or any other light punishment would have met the ends of discipline ? These will be some of the considerations before the court if the termination is challenged. Therfore please do not terminate in the manner you have written. It will be surely challenged in the court of law.
Best
Jai.
From India
Termination , in the manner , as mentioned by you will not be upheld by law. Termination sans enquiry can be resorted to in the circumstances where it is not practically possible to hold an enquiry. And this will have to be proved to the satisfaction of the court if the termination is challenged later on.
The act of insubordination on the part of the employee will have to proved. What was the specific act ? Whether that was an solitary act or done before also? Was the act so grave so as to deserve the extreme punishment of termination or any other light punishment would have met the ends of discipline ? These will be some of the considerations before the court if the termination is challenged. Therfore please do not terminate in the manner you have written. It will be surely challenged in the court of law.
Best
Jai.
From India
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Employee Appraisal Form new.doc