Hi all,
Legally what you can do is -
Suspend them forthwith to avoid disturbance to work process, in due time issue chargesheet and conduct enquiry to reveal truth what actually happened, because what you have heard may not be a complete truth. After getting the findings of the enquiry officer take decision as to what punishment would be appropriate for their respective misconducts, if at all proved. This procedure is mandatory under the Standing orders Act.
The other aspect to this is to create official record of what they might have done to get it handy if any of them repeats such conduct. If you don't create such past service record, the next time anyone commits such misconducts you cant legally consider their past record. This also affects moral of other good employees.
S.M. Paranjape, Labour Law Consultant, Pune
9850083760
From India, Pune
12Legally what you can do is -
Suspend them forthwith to avoid disturbance to work process, in due time issue chargesheet and conduct enquiry to reveal truth what actually happened, because what you have heard may not be a complete truth. After getting the findings of the enquiry officer take decision as to what punishment would be appropriate for their respective misconducts, if at all proved. This procedure is mandatory under the Standing orders Act.
The other aspect to this is to create official record of what they might have done to get it handy if any of them repeats such conduct. If you don't create such past service record, the next time anyone commits such misconducts you cant legally consider their past record. This also affects moral of other good employees.
S.M. Paranjape, Labour Law Consultant, Pune
9850083760
From India, Pune
Hi Parameshwar
This is a serious misconduct . Issue show-cause notice to both of them as detailed below and call for explanation .
To
Sub: Show-cause Notice
It has been given to understand that you and have quarreled each other and used unparliamentary words in front of co- employee This has created disturbance to the contentment and or comfort of others at work.
This is a serious misconduct viz.,
“ Improper behavior , impertinence or insolence”
Show-cause , therefore in writing so as to why disciplinary action not to be taken against you , within 24 hours ,from the receipt of this letter for the above misconduct.
Considering the gravity of misconduct on which you are charged , you are suspended pending enquiry and final orders thereon.
For
Authorized Signatory
After taken explanation letter and on completion of suspension period you have to issue another letter while allowing them to resume for duty .
From India, Madras
This is a serious misconduct . Issue show-cause notice to both of them as detailed below and call for explanation .
To
Sub: Show-cause Notice
It has been given to understand that you and have quarreled each other and used unparliamentary words in front of co- employee This has created disturbance to the contentment and or comfort of others at work.
This is a serious misconduct viz.,
“ Improper behavior , impertinence or insolence”
Show-cause , therefore in writing so as to why disciplinary action not to be taken against you , within 24 hours ,from the receipt of this letter for the above misconduct.
Considering the gravity of misconduct on which you are charged , you are suspended pending enquiry and final orders thereon.
For
Authorized Signatory
After taken explanation letter and on completion of suspension period you have to issue another letter while allowing them to resume for duty .
From India, Madras
Hi All,
Thanks to everyone for giving their valuable comments regarding this query. specially do agree with Mrugen Vyas, Sai and Nair, the suggestions given by them. this matter have to be looked from different aspects, need to follow everything as per disciplinary orders, proper cross-check in a thorough manner. no employee should be terminated or punished untill the root cause is identified.
Regards,
Kalpana Raghavaprasad
From India, Madras
Thanks to everyone for giving their valuable comments regarding this query. specially do agree with Mrugen Vyas, Sai and Nair, the suggestions given by them. this matter have to be looked from different aspects, need to follow everything as per disciplinary orders, proper cross-check in a thorough manner. no employee should be terminated or punished untill the root cause is identified.
Regards,
Kalpana Raghavaprasad
From India, Madras
if the matters is serious , call police. to avoid the small disputes becomes major.
From India, Mumbai
From India, Mumbai
Hi Parameshwar,
Such matters of employees' conduct at workplaces should be spelt out in the Personnel Policy Manual of every organization. If it is not so in your case, then first discuss the matter with seniors and others concerned (functional heads ?). Once there is a consensus on how such matters should be dealt with, have it recorded in writing with consent / approval of all senior mgmt concerned. Then, you may ask them for their views on how this particular case should be treated, as no policy existed before this incident. Perhaps, being the first instance, you can issue a written warning to both abusive employees and observe their conduct for a period of time. Also, you should get their formal written apology for such inappropriate conduct addressed to all employees (for vitiating the work environment) and put it up on a Notice Board. Also, put the newly formulated policy on such matters (as discussed with and approved by Senior Mgmt earlier) on the Notice Board, so all employees are made aware of action they will face if such incidents are repeated.
There are various ways such matters are dealt with in organizations. In some cases, the HR takes the initiative to have HoDs of both abusive employees discuss it in a closed-door meeting, and then take necessary action agreeable to both and implemented by HR. In some cases, the line managers take suitable action against each of the abusive employees. But, occurrence of this very incident reflects poorly on HR for not having a policy on dealing with such issues. Hence, don't deal with this as a one-off case, but strengthen your policies along the way.
Regards,
Ramesh
From India, Pune
Such matters of employees' conduct at workplaces should be spelt out in the Personnel Policy Manual of every organization. If it is not so in your case, then first discuss the matter with seniors and others concerned (functional heads ?). Once there is a consensus on how such matters should be dealt with, have it recorded in writing with consent / approval of all senior mgmt concerned. Then, you may ask them for their views on how this particular case should be treated, as no policy existed before this incident. Perhaps, being the first instance, you can issue a written warning to both abusive employees and observe their conduct for a period of time. Also, you should get their formal written apology for such inappropriate conduct addressed to all employees (for vitiating the work environment) and put it up on a Notice Board. Also, put the newly formulated policy on such matters (as discussed with and approved by Senior Mgmt earlier) on the Notice Board, so all employees are made aware of action they will face if such incidents are repeated.
There are various ways such matters are dealt with in organizations. In some cases, the HR takes the initiative to have HoDs of both abusive employees discuss it in a closed-door meeting, and then take necessary action agreeable to both and implemented by HR. In some cases, the line managers take suitable action against each of the abusive employees. But, occurrence of this very incident reflects poorly on HR for not having a policy on dealing with such issues. Hence, don't deal with this as a one-off case, but strengthen your policies along the way.
Regards,
Ramesh
From India, Pune
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