i am fully agree with Mr. Malik please donot worry about this type of situation . this is the part of our duity . regards, arun
From India, Delhi
From India, Delhi
Kamble Sahib,
The best option is keep quiet and don’t just pay any attention to whatever he says or asks. Just keep your management informed on what's happening and make sure you get their full support. U should be having a legal department / advisor and discuss the dispute with them. Such disputes are always transferred to staff dispute section, wherein the HR may not be directly dealing with. As someone said show empathy to him rather than being aggressive and lodging a police complaint, which might force him to look at you with a vengeance. Give him a good reference letter so that he could find a job elsewhere. It will solve by itself, Its a matter of time!!
Thanks
Sunil:icon1:
The best option is keep quiet and don’t just pay any attention to whatever he says or asks. Just keep your management informed on what's happening and make sure you get their full support. U should be having a legal department / advisor and discuss the dispute with them. Such disputes are always transferred to staff dispute section, wherein the HR may not be directly dealing with. As someone said show empathy to him rather than being aggressive and lodging a police complaint, which might force him to look at you with a vengeance. Give him a good reference letter so that he could find a job elsewhere. It will solve by itself, Its a matter of time!!
Thanks
Sunil:icon1:
Dear Pratap
I have gone through your problem. You informed that you have got only 3 months sevice with the present company. Generally, in every organisation there are some unions which are having some political affiliations. In your case, you did not mention on what ground you have terminated the services of this probationer. Only you are telling as he used to abuse company authorities and management you have terminated him by paying one month salary. If he is the member of union, why you did not tell this issue to the union leaders before terminate him from company service? whether he was given any warning for his alleged threatens or abusing the management? Did you make any counselling with him for his indicent behaviour? Mear having the clause in appointment letter, we cannot terminate the services of probationer particulary when you have leveled against him such a serious allegations. The probationer services can be terminated on account of his poor performance either during or extended period of probation. Even at the end of fixed period of probation, an employer has got a right to terminate his services with out paying one month salary or giving one month notice if the terms of employment stipulates such condition in the appointment letter.
Being a HR professional we have to think properly and we have to anticipate the consequences. In your case, i am not opposing your action. But, if the probationer is alleged to have been committed serious misconduct as stated by you, the procedure such as give him a charge sheet, holiding an enquiry are to be followed as in the case of regular employee since it casts stigma on part of the employee and also to follow the principals of natural justice.
You should also keep it in your mind that the management in some times do not support the action of HR manager. If this issue become serious and when all of the union members are sympathitic openion towards the dismissed employee and if they give strike notice, definately your management will go for paying him one month additonal salary to avert such type of strikes or labor unrest by ignoring your suggetion not to pay one month additional salary as is demanded by the dismissed employee? If they do this, then what about your stand? Is it not undermines your credibility?
I feel in this issue you should take initiative and discuss with the union office barers and tell them about the arrogant behaviour of the dismissed employee and under what circumastances you were forced to take such a decision. First you should convince them and justfy your action for his dismissal. What i feel, under the given circumastances it always advisable for you to recommend your management to pay one month additional salary.
If the employee goes to invoke the jurisdiction of any labor / civil court for his illegal dismissal on account of procedural drabacks in dismissing him with out having an apportunity to defend his case before his termination, there is chance for him to win the case with full back wages and also the court may order for his reinstatement.
Being a HR manager, it is not always advisable for us to give such a scope for un necessary litigation.
Regards
NVRao
Hyderabad
From India, Hyderabad
55I have gone through your problem. You informed that you have got only 3 months sevice with the present company. Generally, in every organisation there are some unions which are having some political affiliations. In your case, you did not mention on what ground you have terminated the services of this probationer. Only you are telling as he used to abuse company authorities and management you have terminated him by paying one month salary. If he is the member of union, why you did not tell this issue to the union leaders before terminate him from company service? whether he was given any warning for his alleged threatens or abusing the management? Did you make any counselling with him for his indicent behaviour? Mear having the clause in appointment letter, we cannot terminate the services of probationer particulary when you have leveled against him such a serious allegations. The probationer services can be terminated on account of his poor performance either during or extended period of probation. Even at the end of fixed period of probation, an employer has got a right to terminate his services with out paying one month salary or giving one month notice if the terms of employment stipulates such condition in the appointment letter.
Being a HR professional we have to think properly and we have to anticipate the consequences. In your case, i am not opposing your action. But, if the probationer is alleged to have been committed serious misconduct as stated by you, the procedure such as give him a charge sheet, holiding an enquiry are to be followed as in the case of regular employee since it casts stigma on part of the employee and also to follow the principals of natural justice.
You should also keep it in your mind that the management in some times do not support the action of HR manager. If this issue become serious and when all of the union members are sympathitic openion towards the dismissed employee and if they give strike notice, definately your management will go for paying him one month additonal salary to avert such type of strikes or labor unrest by ignoring your suggetion not to pay one month additional salary as is demanded by the dismissed employee? If they do this, then what about your stand? Is it not undermines your credibility?
I feel in this issue you should take initiative and discuss with the union office barers and tell them about the arrogant behaviour of the dismissed employee and under what circumastances you were forced to take such a decision. First you should convince them and justfy your action for his dismissal. What i feel, under the given circumastances it always advisable for you to recommend your management to pay one month additional salary.
If the employee goes to invoke the jurisdiction of any labor / civil court for his illegal dismissal on account of procedural drabacks in dismissing him with out having an apportunity to defend his case before his termination, there is chance for him to win the case with full back wages and also the court may order for his reinstatement.
Being a HR manager, it is not always advisable for us to give such a scope for un necessary litigation.
Regards
NVRao
Hyderabad
From India, Hyderabad
Dear Mr Pradeep
This is Lakshman. i have seen a similar case (i did not deal it directly). my superiors dealt with it very professionally. i hope the same method would help you too. firstly, even before aproaching police make a document which clearly shows why the candidate is terminanted. this should include the feedbacks of immediate superiors of the terminated. this would add some support to you when you file a case or want to controal the candidate. tell him clearly that you have some restrictions in your duty too and you ll have to follow. i mean mould the same in such a way that he ll calm down. any ways i wish you all the best for your profession.
i wish all your career gives you lots and lots of new experiance and you take these challenges strategically...
Lakshman Kumar Grandhi
From India, Hyderabad
This is Lakshman. i have seen a similar case (i did not deal it directly). my superiors dealt with it very professionally. i hope the same method would help you too. firstly, even before aproaching police make a document which clearly shows why the candidate is terminanted. this should include the feedbacks of immediate superiors of the terminated. this would add some support to you when you file a case or want to controal the candidate. tell him clearly that you have some restrictions in your duty too and you ll have to follow. i mean mould the same in such a way that he ll calm down. any ways i wish you all the best for your profession.
i wish all your career gives you lots and lots of new experiance and you take these challenges strategically...
Lakshman Kumar Grandhi
From India, Hyderabad
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