Hello Seniors,
Good day.
I want to describe the case study here. In my company, an employee is completely not following disciplines, and so we gave a memo. After that, the same thing happened, so I took the decision of termination. I terminated him suddenly, and I agree to pay FnF settlement.
At the same time, other employees are disappointed because of this sudden action. They thought that management is taking action without any courtesy and that there is no job security for them.
I realized these things, so I conducted a meeting with them and explained all about this. It's not necessary to say all these things to employees, but I said them to clear their fear.
On that same day, some employees were completely drunk and came to the office (they were working the night shift).
I came to know about this the next day from the security person, but I didn't pinpoint him because I didn't want to stress them out more. So, I left.
Then, four of the persons took leave for 2 days without giving prior information, and they didn't come for the next 3 days.
I need advice from you seniors. What should I do in this case? If they come back to duty, what action should I take? Please advise me.
From India, Chennai
20Good day.
I want to describe the case study here. In my company, an employee is completely not following disciplines, and so we gave a memo. After that, the same thing happened, so I took the decision of termination. I terminated him suddenly, and I agree to pay FnF settlement.
At the same time, other employees are disappointed because of this sudden action. They thought that management is taking action without any courtesy and that there is no job security for them.
I realized these things, so I conducted a meeting with them and explained all about this. It's not necessary to say all these things to employees, but I said them to clear their fear.
On that same day, some employees were completely drunk and came to the office (they were working the night shift).
I came to know about this the next day from the security person, but I didn't pinpoint him because I didn't want to stress them out more. So, I left.
Then, four of the persons took leave for 2 days without giving prior information, and they didn't come for the next 3 days.
I need advice from you seniors. What should I do in this case? If they come back to duty, what action should I take? Please advise me.
From India, Chennai
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Dear Nijan,
Whatever you have done is right. Taking disciplinary action against the employees who are tardy is the rule followed by any organization. But why are the other fellow employees disappointed and feeling low? Is this the first time your company has executed this rule? You have done your part by clearly explaining to the other employees not to panic. However, they are still doing the same. Try to explain and convince them one more time. If the same thing repeats, it's better to escalate the issue to your top-level authority before it gets too late to sort out.
Thanks & Regards,
Srilakshmi Korukonda
From India, Hyderabad
Whatever you have done is right. Taking disciplinary action against the employees who are tardy is the rule followed by any organization. But why are the other fellow employees disappointed and feeling low? Is this the first time your company has executed this rule? You have done your part by clearly explaining to the other employees not to panic. However, they are still doing the same. Try to explain and convince them one more time. If the same thing repeats, it's better to escalate the issue to your top-level authority before it gets too late to sort out.
Thanks & Regards,
Srilakshmi Korukonda
From India, Hyderabad
Dear Nijan,
First of all, you have to issue a show cause notice to the employee asking for a written explanation as to why suitable action should not be taken for the indiscipline activities. If the employee does not provide any reply or if the reply is found unsatisfactory, then you have to issue a charge sheet, and an enquiry officer has to be appointed. In the due process of the enquiry, you have to prove that he has involved himself in indiscipline activities. According to the severity of misconduct, he has to be punished as per the standing orders applicable to you. Without following these formalities, if you terminate an employee, they can approach the labor court, and they may be reinstated with back wages.
Secondly, you have mentioned that you have explained the situation to the other employees, which is good. Additionally, you have to continuously motivate them and ensure they are confident to prevent labor unrest.
If any employees come to work in a drunken state, it is a very serious misconduct and should be treated with severity. Instruct your security personnel that in case anyone comes to work in a drunken state, they should immediately take them to a registered medical practitioner for a blood test to prove their intoxication. Following this, you have to issue a charge sheet and adhere to the above-mentioned formalities.
In the case of unauthorized absenteeism, you have to issue a show cause notice and follow the above procedures.
I hope this information will be useful to you.
With Regards,
S. Magesh
From India, Mumbai
First of all, you have to issue a show cause notice to the employee asking for a written explanation as to why suitable action should not be taken for the indiscipline activities. If the employee does not provide any reply or if the reply is found unsatisfactory, then you have to issue a charge sheet, and an enquiry officer has to be appointed. In the due process of the enquiry, you have to prove that he has involved himself in indiscipline activities. According to the severity of misconduct, he has to be punished as per the standing orders applicable to you. Without following these formalities, if you terminate an employee, they can approach the labor court, and they may be reinstated with back wages.
Secondly, you have mentioned that you have explained the situation to the other employees, which is good. Additionally, you have to continuously motivate them and ensure they are confident to prevent labor unrest.
If any employees come to work in a drunken state, it is a very serious misconduct and should be treated with severity. Instruct your security personnel that in case anyone comes to work in a drunken state, they should immediately take them to a registered medical practitioner for a blood test to prove their intoxication. Following this, you have to issue a charge sheet and adhere to the above-mentioned formalities.
In the case of unauthorized absenteeism, you have to issue a show cause notice and follow the above procedures.
I hope this information will be useful to you.
With Regards,
S. Magesh
From India, Mumbai
Thank you for your valuable feedback, Srilakshmi and Magesh. I am still confused about whether I should continue with these employees or recruit new ones as it is affecting the overall productivity of my organization. If they return, I will have to issue a charge sheet in case the same issue happens again, leaving me with no option to resolve it.
My top-level management has indicated that we need alternative resources and they do not want to retain any of these employees; they suggest terminating them. However, I want to handle this situation without any labor disputes, so I am being patient.
From India, Chennai
My top-level management has indicated that we need alternative resources and they do not want to retain any of these employees; they suggest terminating them. However, I want to handle this situation without any labor disputes, so I am being patient.
From India, Chennai
Dear Nijan,
Please inform me whether they are in the engineering or supervisory cadre. If they are in the above cadre, you can directly terminate them by issuing a one-month notice. Otherwise, you have to create records against them by issuing show cause notices. If they commit serious misconduct, you can immediately draft a charge sheet with the help of senior personnel and follow the enquiry procedures. After the completion of the enquiry, you can terminate them and recruit new employees. This way, you can avoid any legal problems.
With Regards,
S. Magesh
From India, Mumbai
Please inform me whether they are in the engineering or supervisory cadre. If they are in the above cadre, you can directly terminate them by issuing a one-month notice. Otherwise, you have to create records against them by issuing show cause notices. If they commit serious misconduct, you can immediately draft a charge sheet with the help of senior personnel and follow the enquiry procedures. After the completion of the enquiry, you can terminate them and recruit new employees. This way, you can avoid any legal problems.
With Regards,
S. Magesh
From India, Mumbai
We should never compromise on discipline. It is a must in the office and has to be maintained at any cost. Whatever is done is correct. Only then will other staff be careful. Send a circular stating that the management cannot tolerate indiscipline in the office and whoever indulges in indiscipline will be punished. Do not be afraid of anybody. The only thing is that the management should stand with you.
Make a sudden visit to the office at night and catch hold of staff who are drunk, and take action against them.
From India, Madras
Make a sudden visit to the office at night and catch hold of staff who are drunk, and take action against them.
From India, Madras
Hi Nijan,
As an HR professional, we should always strive to help employees. In my view, before considering expelling an employee, you should have counseled him and tried to understand the root cause or reason behind his repeated indiscipline. To achieve this, you should have personally treated him like a friend and extracted the reasons behind the misconduct. Often, issues such as family problems, job disturbances, or unclear job expectations can lead to such behavior. Showing kindness and providing some gentle warnings in the name of management could have resolved the issue. Resignation should always be a last resort, as it is a harsh decision to take. Moreover, it is important to involve others and ensure they feel secure in their jobs.
Ashish Dadhwal
From India, Hoshiarpur
As an HR professional, we should always strive to help employees. In my view, before considering expelling an employee, you should have counseled him and tried to understand the root cause or reason behind his repeated indiscipline. To achieve this, you should have personally treated him like a friend and extracted the reasons behind the misconduct. Often, issues such as family problems, job disturbances, or unclear job expectations can lead to such behavior. Showing kindness and providing some gentle warnings in the name of management could have resolved the issue. Resignation should always be a last resort, as it is a harsh decision to take. Moreover, it is important to involve others and ensure they feel secure in their jobs.
Ashish Dadhwal
From India, Hoshiarpur
Dear Ashish,
I have already provided counseling to the employees. I am not making a decision directly to terminate them. I am well aware that terminating employees not only affects the individual employee but also impacts the company's goodwill. However, the issue is that they seem to understand every situation and are well-acquainted with the management, but I have not been able to identify the reason for this kind of activity.
Thank you.
From India, Chennai
I have already provided counseling to the employees. I am not making a decision directly to terminate them. I am well aware that terminating employees not only affects the individual employee but also impacts the company's goodwill. However, the issue is that they seem to understand every situation and are well-acquainted with the management, but I have not been able to identify the reason for this kind of activity.
Thank you.
From India, Chennai
Dear Nijan,
Based on my personal experience, I kindly request you not to terminate them. Please arrange a meeting with them in the office or any other suitable place, like a get-together. Listen to their problems, and make an effort to resolve them. Termination should not be seen as a permanent solution. Convincing them may not be easy, but we should make an attempt.
Regards,
Sivakumar
From India, New Delhi
Based on my personal experience, I kindly request you not to terminate them. Please arrange a meeting with them in the office or any other suitable place, like a get-together. Listen to their problems, and make an effort to resolve them. Termination should not be seen as a permanent solution. Convincing them may not be easy, but we should make an attempt.
Regards,
Sivakumar
From India, New Delhi
Hi Nijan,
I agree with Mr. Shivkumar's viewpoint. Termination cannot be the answer. Seeing the situation from a different angle, the employees could be checking on you and management post your meeting. However, as many have pointed out, discipline cannot be compromised.
Before you take any action, ensure a couple of things:
1) This should not roll on to become a chronic matter. The same episode should never be repeated again.
2) Clear communication must be made through the right channel. I suggest you involve a senior person from the employee side who can convey the management view (preferably not from the union).
3) Finally, your actions should not affect the overall productivity of the organization. I suggest you first create a backup plan (e.g., hire temporary employees as replacements for the said employees) in case you wish to take drastic actions. You can also put them on forced leave for a week's time to cool their heels.
Hope this helps you.
Best Regards,
Sagar
From India, Mumbai
I agree with Mr. Shivkumar's viewpoint. Termination cannot be the answer. Seeing the situation from a different angle, the employees could be checking on you and management post your meeting. However, as many have pointed out, discipline cannot be compromised.
Before you take any action, ensure a couple of things:
1) This should not roll on to become a chronic matter. The same episode should never be repeated again.
2) Clear communication must be made through the right channel. I suggest you involve a senior person from the employee side who can convey the management view (preferably not from the union).
3) Finally, your actions should not affect the overall productivity of the organization. I suggest you first create a backup plan (e.g., hire temporary employees as replacements for the said employees) in case you wish to take drastic actions. You can also put them on forced leave for a week's time to cool their heels.
Hope this helps you.
Best Regards,
Sagar
From India, Mumbai
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