Can regular employee terminate due to lack/ lost of trust and confident? What will be implications to the company if the employee terminate immediately without due process?
From Philippines, Antipolo
From Philippines, Antipolo
Dear Sam05301984,
Employers lose trust and confidence of the employees because of their misconduct. Therefore, what is the misconduct? You need to establish the cause of the loss of trust. Loss of trust cannot happen subject to whims and fancies of the employers.
Therefore, it is better to conduct proper domestic enquiry. Let the facts come out and then take a decision. Please remember that employers have to use their authority judiciously. It is not to be wielded against juniors to establish supremacy. Otherwise there could be negative repercussions.
Loss of trust can happen either way also. What if you lose of your employees? Will they come up with innovative ideas? Will they give their best? Before you remove them what if they start quitting on their own? Will you be able to measure the cost of this degraded organisation's culture?
Leadership's primary responsibility is to create healthy culture in the company and not to vitiate it. What to do or how to do, the choice is yours!
Thanks,
Dinesh Divekar
From India, Bangalore
7883Employers lose trust and confidence of the employees because of their misconduct. Therefore, what is the misconduct? You need to establish the cause of the loss of trust. Loss of trust cannot happen subject to whims and fancies of the employers.
Therefore, it is better to conduct proper domestic enquiry. Let the facts come out and then take a decision. Please remember that employers have to use their authority judiciously. It is not to be wielded against juniors to establish supremacy. Otherwise there could be negative repercussions.
Loss of trust can happen either way also. What if you lose of your employees? Will they come up with innovative ideas? Will they give their best? Before you remove them what if they start quitting on their own? Will you be able to measure the cost of this degraded organisation's culture?
Leadership's primary responsibility is to create healthy culture in the company and not to vitiate it. What to do or how to do, the choice is yours!
Thanks,
Dinesh Divekar
From India, Bangalore
Dear Sam,
Mutual trust and confidence is the invisible common thread that keeps the employer and employee associated for any length of time. But, it is always hard to prove as to who lost the trust and confidence, the employee or the employer. There is no hardf and fast yard stick to meansure trust and confidence of any party. So, even if departmental/ domestic enquiry is held, the upper hand being of the employer, the employee only can be adjudged to have lost the trust and confidence of the employer. Even if due formalities are observed, in that respect nothing can be be substantiated justifiably.
But, your query seems to be half-baked with particular reference to the terms, "if the employee terminate immediately without due process." Assuming that the company has not adopted the due process of termination, as may have been prescribed in the terms & conditions of employment notified through offer letter or appointment letter, about implication, I can say that except the liability of the company to compensate the employee with the notice period pay, no other liability would rest on the company. But, if the termination letter does not specify the reason of loss of trust and confidence, the company can be made liable to pay gratuity also, if becomes due, as per the law.
From India, Delhi
Mutual trust and confidence is the invisible common thread that keeps the employer and employee associated for any length of time. But, it is always hard to prove as to who lost the trust and confidence, the employee or the employer. There is no hardf and fast yard stick to meansure trust and confidence of any party. So, even if departmental/ domestic enquiry is held, the upper hand being of the employer, the employee only can be adjudged to have lost the trust and confidence of the employer. Even if due formalities are observed, in that respect nothing can be be substantiated justifiably.
But, your query seems to be half-baked with particular reference to the terms, "if the employee terminate immediately without due process." Assuming that the company has not adopted the due process of termination, as may have been prescribed in the terms & conditions of employment notified through offer letter or appointment letter, about implication, I can say that except the liability of the company to compensate the employee with the notice period pay, no other liability would rest on the company. But, if the termination letter does not specify the reason of loss of trust and confidence, the company can be made liable to pay gratuity also, if becomes due, as per the law.
From India, Delhi
Hi Sam, I would second Dinesh & Dhingra on what they have mentioned. You need to throw some insight on the episode to get appropriate comments.
From India, Bangalore
From India, Bangalore
Like the way you declare everything to a doctor or your lawyer, unless you are clear in your communication, we cannot offer you any solutions. Give instances if possible, and how the flash point was reached etc etc.
From India
From India
An employer cannot get up one day and say I have lost trust in Employee X.
There has to be a reason/reasons/cause for such loss of trust.
What has the employee done or is accused of doing/having done that employer looses trust and confidence.
Unless you give full details,no one can give any guidance.
For getting actionable suggestions-be more descriptive of events.
From India, Pune
There has to be a reason/reasons/cause for such loss of trust.
What has the employee done or is accused of doing/having done that employer looses trust and confidence.
Unless you give full details,no one can give any guidance.
For getting actionable suggestions-be more descriptive of events.
From India, Pune
Thanks guys for the thoughts you shared.
Here the scenerio, actually the employee X do reporting inconsistent against what we expected result. We believe that X submitted reports validated and/or reviewed all possible information or figures before sending final report to us but its not, therefore instead of we do decisions what will be corrected actions plan or moving forward with satisfy result. Employer had to focus and take a lot of time to check one by one details of his reports if all accurate and acceptable.
Many thanks.
_sam
From Philippines, Antipolo
Here the scenerio, actually the employee X do reporting inconsistent against what we expected result. We believe that X submitted reports validated and/or reviewed all possible information or figures before sending final report to us but its not, therefore instead of we do decisions what will be corrected actions plan or moving forward with satisfy result. Employer had to focus and take a lot of time to check one by one details of his reports if all accurate and acceptable.
Many thanks.
_sam
From Philippines, Antipolo
Mr. Sam,
Your description is not clear, what was prescribed and what not done by the employee. The question of trust and confidence arises only when the employees acts secretively against the policies and interests of the orgaisation, but not if the employer has to spend a lot of time in checking his routine outputs in discharge of his duties and responsibilities. Inefficiency of employee, if noticed, and loss of trust and confidence are two entirely different issues.
From India, Delhi
Your description is not clear, what was prescribed and what not done by the employee. The question of trust and confidence arises only when the employees acts secretively against the policies and interests of the orgaisation, but not if the employer has to spend a lot of time in checking his routine outputs in discharge of his duties and responsibilities. Inefficiency of employee, if noticed, and loss of trust and confidence are two entirely different issues.
From India, Delhi
If reports submitted are wrong,inflated etc.
Call the employee and show him where he is putting wrong/incorrect data.
Here in such a situation management can get a feeling that work is not up to mark and cannot be relied upon.
Either the employee be retrained or kept under supervision and if the is no improvement after due documentation of failures can be considered for relieving.
From India, Pune
Call the employee and show him where he is putting wrong/incorrect data.
Here in such a situation management can get a feeling that work is not up to mark and cannot be relied upon.
Either the employee be retrained or kept under supervision and if the is no improvement after due documentation of failures can be considered for relieving.
From India, Pune
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No Due Certificate.doc
Termination-emp loyment_563.pdf