Hi! My boss wanted me to terminate one of the staff, she's a problematic, always come late, took so many of EL & MC. but I never send her any warning letter before, can i just send her termination letter?
From Malaysia, Petaling Jaya
From Malaysia, Petaling Jaya
Dear Aspa,
You have to follow the "Principles of Natural Justice" by follwing the steps: -
1. Show Cause letter/ Charge Sheet
2 If she accepts the guilt then Warning letter
3 If she continues the same misconduct agian issue a Warning letter clearly mentioning that " that if you continue to repeat such or similar kind of misconduct, Your services shall be libale to terminate with immediate effect."
5. If she again repeat the misconduct you can terminate her services with a Termination letter giving the reference of all issued letters.
Regards
Bhaskar Dharival
From India
You have to follow the "Principles of Natural Justice" by follwing the steps: -
1. Show Cause letter/ Charge Sheet
2 If she accepts the guilt then Warning letter
3 If she continues the same misconduct agian issue a Warning letter clearly mentioning that " that if you continue to repeat such or similar kind of misconduct, Your services shall be libale to terminate with immediate effect."
5. If she again repeat the misconduct you can terminate her services with a Termination letter giving the reference of all issued letters.
Regards
Bhaskar Dharival
From India
For habitual late coming (make sure from her attendance records it is habitual) you can issue her a letter, begining with a few advisory notes and get her to sign the duplicate copy of the same in token of her receipt and acceptance of the same.
If this continues you could then issue her a Charge Sheet calling upon her to explain why disciplinary action should not be taken against her for her habitual disorderly conduct.
This is a legalistic approach.
You may try another route. Take her into confidence and counsel her to mend her ways and become an orderly and more productive employee. This will give you greater satisfaction of having successfully casued an attitudinal turnaround in an employee.
As far as her having taken "so many EL & MC", well these being sanctioned leave, you cannot treat this also as an act of misconduct attracting disciplinary action.
Best Wishes,
Vasant Nair
From India, Mumbai
90If this continues you could then issue her a Charge Sheet calling upon her to explain why disciplinary action should not be taken against her for her habitual disorderly conduct.
This is a legalistic approach.
You may try another route. Take her into confidence and counsel her to mend her ways and become an orderly and more productive employee. This will give you greater satisfaction of having successfully casued an attitudinal turnaround in an employee.
As far as her having taken "so many EL & MC", well these being sanctioned leave, you cannot treat this also as an act of misconduct attracting disciplinary action.
Best Wishes,
Vasant Nair
From India, Mumbai
Dear Aspa,
You have not mentioned whether the employee is confirmed one or on probation period. In latter case, it is very simple to terminate her service. Just give her termination letter saying that her services are terminated. If the same is confirmed then it is better to go by following principles of Natural Justice.
Again please check her appointment letter, whether it contains the clause like notice period given by the employee or the employer. If the clause is there then simplly give her termination letter with notice pay.
Always remember that termination of the services of the employee can have longer impact on employee as well as employer. It is always better to have word with employee to know the exact reason. If the top management has already decided to terminate her, then act accordingly.
Regards,
Avinash K.
From India, Mumbai
You have not mentioned whether the employee is confirmed one or on probation period. In latter case, it is very simple to terminate her service. Just give her termination letter saying that her services are terminated. If the same is confirmed then it is better to go by following principles of Natural Justice.
Again please check her appointment letter, whether it contains the clause like notice period given by the employee or the employer. If the clause is there then simplly give her termination letter with notice pay.
Always remember that termination of the services of the employee can have longer impact on employee as well as employer. It is always better to have word with employee to know the exact reason. If the top management has already decided to terminate her, then act accordingly.
Regards,
Avinash K.
From India, Mumbai
Dear Aspa,
Although Bhaskar, Vasant and Avinash have covered most of the points and they are absolutely right, I would just like to add a pointer:
An employee is dependent on his/her job and salary remuneration to maintain his/her life. Thus, unless he/she is absolutely casual or doesn't care about money (which is rare), there will always be a genuine reason behind their consistent late coming. So even if you wish to terminate her, please make the process a non-painful one, by counseling him/her and explaining the reasons for termination in details. Do not just say "What to do! The Management has asked me to terminate'. As an HR, you need to take responsibility for termination. And if you feel she/he can improve, then convince the Mgmt to give him/her just a warning letter with an observation period of 30-60 days.
That way atleast you will be guilt free, as terminating an employee can be very stressful for an HR.
All The Best.
Regards,
Dr Mazhar Khan
GM - Human Resource.
From United States, Dallas
Although Bhaskar, Vasant and Avinash have covered most of the points and they are absolutely right, I would just like to add a pointer:
An employee is dependent on his/her job and salary remuneration to maintain his/her life. Thus, unless he/she is absolutely casual or doesn't care about money (which is rare), there will always be a genuine reason behind their consistent late coming. So even if you wish to terminate her, please make the process a non-painful one, by counseling him/her and explaining the reasons for termination in details. Do not just say "What to do! The Management has asked me to terminate'. As an HR, you need to take responsibility for termination. And if you feel she/he can improve, then convince the Mgmt to give him/her just a warning letter with an observation period of 30-60 days.
That way atleast you will be guilt free, as terminating an employee can be very stressful for an HR.
All The Best.
Regards,
Dr Mazhar Khan
GM - Human Resource.
From United States, Dallas
Dear Mr.Aspa,
I strongly agree with Mr.Khan.
Terminating an employee from the organization is not an easy task if he/she is confirmed or labour class. Follow proper process otherwise you may come under the trap of labour department.
Employee are asset to the organization and they are human being, it should be the last weapon. It would impact heavily while preparing MIS. HR need to take initiative to motivate employees for better productivity. we can avoid this kind of circumstances by proper planing and implementing it.
Hope you understand
Regard's
Shaikh
From India, Bhubaneswar
I strongly agree with Mr.Khan.
Terminating an employee from the organization is not an easy task if he/she is confirmed or labour class. Follow proper process otherwise you may come under the trap of labour department.
Employee are asset to the organization and they are human being, it should be the last weapon. It would impact heavily while preparing MIS. HR need to take initiative to motivate employees for better productivity. we can avoid this kind of circumstances by proper planing and implementing it.
Hope you understand
Regard's
Shaikh
From India, Bhubaneswar
- What do you mean by 'took so many of EL & MC' ?? Are these leaves sanctioned and approved by her superior ??
- In case these leaves are sanctioned and approved, then there is no case of misconduct and her boss can not complain about same.
- In case her boss feels that she is taking too many leaves, it is he who is to be blamed for allowing her to take leave.
- In case boss becomes proactive and assertive and refuses to sanction leave or treats her as absent for leave availed without prior sanction, she will surely curtail her leaves. Moreover you can take disciplinary action for unauthorized absence.
From India, Pune
Go step by step
Create all the documents perfectly
Start Issuing 1 Show Cause Notice and ask for reply.
If reply not received serve one more letter STATING You have not responded to SCN or your reply to SCN is not satisfactory to the management we have ordered a board to investigate into the circumstances under which you are becoming regular late to office. You have to appear before the board daily till completion of board.
Then create some more evidences against the defaulter so that he should not be left with no other option except quit.
Then you can terminate or instruct him to submit the resignation letter and quit.
With warm regards
S. Bhaskar
9099024667
From India, Kumbakonam
Create all the documents perfectly
Start Issuing 1 Show Cause Notice and ask for reply.
If reply not received serve one more letter STATING You have not responded to SCN or your reply to SCN is not satisfactory to the management we have ordered a board to investigate into the circumstances under which you are becoming regular late to office. You have to appear before the board daily till completion of board.
Then create some more evidences against the defaulter so that he should not be left with no other option except quit.
Then you can terminate or instruct him to submit the resignation letter and quit.
With warm regards
S. Bhaskar
9099024667
From India, Kumbakonam
No, dont just terminate her. take the following steps
1. discuss with her telling her the weaknesses the organization have noticed and the consequences of her behavior.If no changes seen
2. send a warning letter reminding her of the discussion s you had and the consequences of not making changes.
if no changes is seen
3. terminate her.
From Nigeria, Abuja
1. discuss with her telling her the weaknesses the organization have noticed and the consequences of her behavior.If no changes seen
2. send a warning letter reminding her of the discussion s you had and the consequences of not making changes.
if no changes is seen
3. terminate her.
From Nigeria, Abuja
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