Hi
One of our employee has misbehaved at our client office after drinking , we have given him a letter mentioning that 15 days salary will not be paid to him as his penalty , now this person has given an explanation that he is innocent , and has not committed any such misconduct , But is not true ,
Now how can we implement this action against him ,
Please advice
Thanks & regards
Shraboni
From India, Mumbai
1One of our employee has misbehaved at our client office after drinking , we have given him a letter mentioning that 15 days salary will not be paid to him as his penalty , now this person has given an explanation that he is innocent , and has not committed any such misconduct , But is not true ,
Now how can we implement this action against him ,
Please advice
Thanks & regards
Shraboni
From India, Mumbai
Hi Ghosh,
There are many cases where employee behave unmannered at clients place and also in company. If such a situation is happened employers should discuss with him and know what exactly is happened....
Company policy should apply to him, is it to fire him or to meet with clients manager and then take forward steps.
Thanks,
Kuwar
From India, Bangalore
There are many cases where employee behave unmannered at clients place and also in company. If such a situation is happened employers should discuss with him and know what exactly is happened....
Company policy should apply to him, is it to fire him or to meet with clients manager and then take forward steps.
Thanks,
Kuwar
From India, Bangalore
Dear Shraboni,
I am sorry to say as per Principles of Natural Justice you cannot take any action against any employee unless you give the accused a proper hearing to defend himself from the allegations made against him.
As there is no law guiding employment terms and conditions for Management Cadre, often Companies misuse the power that lies with them. Your action is one such example.
The whole action is both unethical and bad in law. It is like hanging a person for murder without going through any courtroom trials.
The right procedure will be to issue a letter(Show Cause Letter) to him asking him to give an explanation.
In case of unsatisfactory reply, you can proceed with Disciplinary Actions.
One last thing arbitray deduction of salary is seen as a process of accumulating illegal fund in doing business and can be treated as a criminal offence.
Regards,
SC
From India, Thane
I am sorry to say as per Principles of Natural Justice you cannot take any action against any employee unless you give the accused a proper hearing to defend himself from the allegations made against him.
As there is no law guiding employment terms and conditions for Management Cadre, often Companies misuse the power that lies with them. Your action is one such example.
The whole action is both unethical and bad in law. It is like hanging a person for murder without going through any courtroom trials.
The right procedure will be to issue a letter(Show Cause Letter) to him asking him to give an explanation.
In case of unsatisfactory reply, you can proceed with Disciplinary Actions.
One last thing arbitray deduction of salary is seen as a process of accumulating illegal fund in doing business and can be treated as a criminal offence.
Regards,
SC
From India, Thane
Hi,
I Agree with SC. I think we should first issue a memo with the date, venu and time of the hearing which should contain a panel of people not involved in the incident and listen to the comments. If there are instances that show that the employee did misbehave, then he can be given a show cause asking for explanation and if it is not satifactory, we proceed with further action by conveying to the employee the findings of the hearing.
From India, Mumbai
I Agree with SC. I think we should first issue a memo with the date, venu and time of the hearing which should contain a panel of people not involved in the incident and listen to the comments. If there are instances that show that the employee did misbehave, then he can be given a show cause asking for explanation and if it is not satifactory, we proceed with further action by conveying to the employee the findings of the hearing.
From India, Mumbai
Hi
There is a process for initiating disciplinary action against erring employees.
It starts with
- issuing a Show Cause Notice,
- deliberating on the response of the employee to the show cause notice.
- then appointing an Arbitrator,
- holding an enquiry,
- deliberating on the findings of the enquiry,
- deciding on action for the employee.
- intimating the employee of such action
As SC said - following the priniciples of natural justice.
I'm just curious, did the complaint come from the client? I would find out a little more about the client as part of the investigation.
Hope this is helpful.
Regards
Ryan
From India, Mumbai
There is a process for initiating disciplinary action against erring employees.
It starts with
- issuing a Show Cause Notice,
- deliberating on the response of the employee to the show cause notice.
- then appointing an Arbitrator,
- holding an enquiry,
- deliberating on the findings of the enquiry,
- deciding on action for the employee.
- intimating the employee of such action
As SC said - following the priniciples of natural justice.
I'm just curious, did the complaint come from the client? I would find out a little more about the client as part of the investigation.
Hope this is helpful.
Regards
Ryan
From India, Mumbai
Shraboni,
Check out your code of conduct, something regarding the punishment for employee mis behaviour will be mentioned.
I hope that shraboni wants to deal this issue away from legal administrations, in that case just start with issuing a MEMO and ask for a written explanation which will be a proof in future.
But, drinking and coming to work environment is like touching the extremes, so, its better to fire that guy.
most important for every HR is to prepare a code of conduct and issuing it to all the employees so that they will know the consequences.
Siva Prasad.
Manager HR.
From India, Hyderabad
Check out your code of conduct, something regarding the punishment for employee mis behaviour will be mentioned.
I hope that shraboni wants to deal this issue away from legal administrations, in that case just start with issuing a MEMO and ask for a written explanation which will be a proof in future.
But, drinking and coming to work environment is like touching the extremes, so, its better to fire that guy.
most important for every HR is to prepare a code of conduct and issuing it to all the employees so that they will know the consequences.
Siva Prasad.
Manager HR.
From India, Hyderabad
Dear all,
What I do in my org. issue a memo by asking an explanation with a specific date, venu and time of the hearing which should constitute a panel of people those are not involved and involved for listen to to observe for comments.
If the explanation is not satifactory (must be that) ask him to write a letter to forgive this time to not repeat in future. If the situation not permit go according to code of conduct clause as per the policy we have.
It's true there is no permanent solution for any case. It's depends upon the nature of misbehave, culture of the country, policy of the company, tolerance of the head of HR and last but not lease head of the organisation.
Anju
From Germany, Aachen
What I do in my org. issue a memo by asking an explanation with a specific date, venu and time of the hearing which should constitute a panel of people those are not involved and involved for listen to to observe for comments.
If the explanation is not satifactory (must be that) ask him to write a letter to forgive this time to not repeat in future. If the situation not permit go according to code of conduct clause as per the policy we have.
It's true there is no permanent solution for any case. It's depends upon the nature of misbehave, culture of the country, policy of the company, tolerance of the head of HR and last but not lease head of the organisation.
Anju
From Germany, Aachen
YOU CANNOT TAKE ANY ACTION AGAINST ANY EMPLOYEE BEFORE HOLDING AN ENQUIRY........DURING THE ENQUIRY U CAN PLACE THE EMPLOYEE ON SUSPENSION AND DURING THE SUSPENSION PERIOD HE IS ENTITLED TO RECEIVE 50% OF HIS WAGES ......DO EVERYTHING IN WRITING SO THAT TOMORROW HE DONT BACK OFF.......ISSUE A SHOW CAUSE NOTICE SEEK EXPLANATION AND ISSUE THE LETTER SAYING U R NOT SATISFIED WITH HIS EXPLANATION AND AS SUCH MANAGEMENT HAS DECIDED TO DEDUCT 15 DAYS SALARY AS A FIRST TIME EXCUSE AND IF THE ACT IS REPEATED HE MAY RESULT IN LOSING OF HIS JOB.....
From United Kingdom
From United Kingdom
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Dispciplinary Action.doc
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