one of our employee consumed poision while on duty, we admitted him hospital and now he is ok My question is can we terminate him from service please suggest or any other alternate to escape from him
From India, Thane
1From India, Thane
You can not terminate him without any reason. Though consuming poison and putting you in troubles is a valid reason but before that you should conduct an enquiry in to the incident which led to his consumption of poison. Therefore, immediately on his resuming work, serve him a show cause notice and ask him to reply. If he has any mental issues, take the advice of the Doctor and then act. You can also ask him to undergo treatment by granting a few days leave. But terminating right now is not a solution and it is inhumane also to so.
From India, Kannur
From India, Kannur
Dear member,
As Mr Madhu TK has rightly said, it is important to conduct a domestic enquiry to investigate the incident. The Enquiry Officer (EO) should investigate, what kind of poison it was, how could he get access to it, whether the employee consumed a hazardous substance stored by the company, (if yes, then how the employee accessed it), whether the employee brought the poison from outside (if yes, then how did he bring it), etc.
For Mr Madhu TK: - Sir, both of us have recommended that the member conduct a domestic enquiry to investigate the incident. However, there is a ruling by the court stating the company can take action against the employee only if the misconduct is defined in the standing orders. If "attempting to commit suicide while on duty" is not defined as misconduct, then on what grounds can the company initiate disciplinary action? Would you mind explaining it?
Thanks,
Dinesh Divekar
From India, Bangalore
As Mr Madhu TK has rightly said, it is important to conduct a domestic enquiry to investigate the incident. The Enquiry Officer (EO) should investigate, what kind of poison it was, how could he get access to it, whether the employee consumed a hazardous substance stored by the company, (if yes, then how the employee accessed it), whether the employee brought the poison from outside (if yes, then how did he bring it), etc.
For Mr Madhu TK: - Sir, both of us have recommended that the member conduct a domestic enquiry to investigate the incident. However, there is a ruling by the court stating the company can take action against the employee only if the misconduct is defined in the standing orders. If "attempting to commit suicide while on duty" is not defined as misconduct, then on what grounds can the company initiate disciplinary action? Would you mind explaining it?
Thanks,
Dinesh Divekar
From India, Bangalore
Included in the misconducts, normally, there will be a mention, "any act which is detrimental to the operations of the establishment". We can take this kind of incidents as misconduct because these will cause damage to the company or causes mental trauma to the employees of the establishment or hardship to co workers. With his act of consuming poison, naturally, some disturbance should have caused to the operations of the company, right?
From India, Kannur
From India, Kannur
IF THIS IS NOT DEFINE IN STANDING ORDER OF THE COMPANY THEN GO FOR DOMESTIC ENQUIRY AND ACT ACCORDINGLY. GIVE HIM A CHANCE AS NATURAL JUSTICE.
From India, Kolkata
From India, Kolkata
Dear Madhu Sir and Dinesh Sir,
I wanted to extend my sincere thanks to both of you for sharing such informative and valuable insights. The information provided is crucial for ensuring the smooth operation of our business. Your efforts and expertise are greatly appreciated.
From India, Mumbai
I wanted to extend my sincere thanks to both of you for sharing such informative and valuable insights. The information provided is crucial for ensuring the smooth operation of our business. Your efforts and expertise are greatly appreciated.
From India, Mumbai
Dear Dinesh, Madhu
Under Maharashtra Model Standing Orders, Rule 14(3)(g) says "habitual breach of any law applicable to the establishment" is also a misconduct.
Thought the OP does not say if this was a one off, but attempt to suicide is a violation of IPC and therefore a misconduct. There are ways to stretch it.
There is no mention of "any act which is detrimental to the operations of the establishment" in the model standing orders. So unless the OP's company had this in their own standing orders, this is not a ground for misconduct.
However, thanks to your post, I will now recommend this to all clients to add to their standing orders.
From India, Mumbai
Under Maharashtra Model Standing Orders, Rule 14(3)(g) says "habitual breach of any law applicable to the establishment" is also a misconduct.
Thought the OP does not say if this was a one off, but attempt to suicide is a violation of IPC and therefore a misconduct. There are ways to stretch it.
There is no mention of "any act which is detrimental to the operations of the establishment" in the model standing orders. So unless the OP's company had this in their own standing orders, this is not a ground for misconduct.
However, thanks to your post, I will now recommend this to all clients to add to their standing orders.
From India, Mumbai
Yes, but the Model Standing Orders is only a model which can be taken immediately once an establishment becomes covered by Industrial Employment Standing Order Act, and followed for the time being till a certified standing order is made effective.
From India, Kannur
From India, Kannur
Sir/Madam,
First try to find out why did the employee did that. If it is due to his personal problem then counsel him and send him to a doctor for counselling him , even you have to sanction leave in favour of him. If it is due to establishment problem then take disciplinary action against him very saliently and slowly.
I am writing an example which was occurred in my organization. A new officer came to my organization. He was very rude and rough. An Employee of my section hang him self on his ceiling fan but immediately his daughter came and cry. Brought him to hospital later some time he became alright. There was a rumour that new officer reprimanded him very badly so he hang himself. while counselling him the basic reason came out that the new officer did not talked to him but employee's mother in law making him very harass. we transferred that fellow to very far so his mother in law take time to reach him. Thank you !
From India, Indore
First try to find out why did the employee did that. If it is due to his personal problem then counsel him and send him to a doctor for counselling him , even you have to sanction leave in favour of him. If it is due to establishment problem then take disciplinary action against him very saliently and slowly.
I am writing an example which was occurred in my organization. A new officer came to my organization. He was very rude and rough. An Employee of my section hang him self on his ceiling fan but immediately his daughter came and cry. Brought him to hospital later some time he became alright. There was a rumour that new officer reprimanded him very badly so he hang himself. while counselling him the basic reason came out that the new officer did not talked to him but employee's mother in law making him very harass. we transferred that fellow to very far so his mother in law take time to reach him. Thank you !
From India, Indore
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