Dear Seniors,
Greetings!.
Recently my organization has realized that there are some people which are repeatedly doing mistakes reducing the efficiency of the organization. The organization is deciding to take some action against the same. Few of the members feel that "MEMO" system should be started in the organization which is not practiced, but no one actually has a clear idea about the process.
As far as I know, if an employee gets 3 MEMO's, he will be terminated by Law. Now this can be used against some honest employees where the line managers are not happy because of their personal reasons.
Kindly suggest me, what could be the best procedure to get this MEMO system in place which would be helpful for both organization as well as an employee.
Thank you,
From India, Mumbai
8Greetings!.
Recently my organization has realized that there are some people which are repeatedly doing mistakes reducing the efficiency of the organization. The organization is deciding to take some action against the same. Few of the members feel that "MEMO" system should be started in the organization which is not practiced, but no one actually has a clear idea about the process.
As far as I know, if an employee gets 3 MEMO's, he will be terminated by Law. Now this can be used against some honest employees where the line managers are not happy because of their personal reasons.
Kindly suggest me, what could be the best procedure to get this MEMO system in place which would be helpful for both organization as well as an employee.
Thank you,
From India, Mumbai
"As far as I know, if an employee gets 3 MEMO's, he will be terminated by Law."
There is no such law.
If you want to terminate, it is essential to issue show cause/ charge sheet to the employee seeking explanation from him. If you are not satisfied with his reply/ explanation, then the company has to initiate a domestic enquiry with an assistance of an outsider as enquiry officer giving the employee all possible opportunity to defend his case. Upon receipt of the report of enquiry officer, you can impose any kind of punishment upon the employee including termination.
The quantum of punishment should be proportional to the gravity of the misconduct.
From India, Kolkata
There is no such law.
If you want to terminate, it is essential to issue show cause/ charge sheet to the employee seeking explanation from him. If you are not satisfied with his reply/ explanation, then the company has to initiate a domestic enquiry with an assistance of an outsider as enquiry officer giving the employee all possible opportunity to defend his case. Upon receipt of the report of enquiry officer, you can impose any kind of punishment upon the employee including termination.
The quantum of punishment should be proportional to the gravity of the misconduct.
From India, Kolkata
There is no such law requiring you to terminate an employee after three memos.Learned member Ritesh explained you the procedure to be followed before terminating an employee.You have stated that the employees are honest. and you sought to know whether you can invoke the memo process against them because some line managers want it for personal reasons.My view is that you should take an action that will have an adverse effect on employee on merits of the case but not on the basis of personal whims and fancies of some others.Honesty is becoming scarce commodity now in employment market.It is better to have honest people first, However honesty cannot be a ground to condone laxity in work.But honest people normally are sensitive too.Therefore instead of straight away issuing memos, it is better to employ counselling process and then monitor their work, correcting them by keeping them under a mentor If they still persist in committing mistakes,you can first issue an advisory memo asking them to be careful in performing their work.If they do not mend their ways, you can issue an administrative memo with details of their lapses and cautioning them not to be causal in discharging their duties. This can be followed by a warning memo. I think they will mend their ways by now. If not, you can take disciplinary action as suggested Mr.Ritesh.
B.Saikumar
HR & Labour Law Advisor
Navi Mumbai
From India, Mumbai
B.Saikumar
HR & Labour Law Advisor
Navi Mumbai
From India, Mumbai
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