Hi, can anyone help me with this!
I am working as an HR Executive in a BPO company. We would like to terminate an employee based on their attitude and conduct. Is this possible? If I proceed with this, could I face any legal issues? The employee has been working in the company for more than a year.
From India, Hyderabad
1I am working as an HR Executive in a BPO company. We would like to terminate an employee based on their attitude and conduct. Is this possible? If I proceed with this, could I face any legal issues? The employee has been working in the company for more than a year.
From India, Hyderabad
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Dear Anonymous,
Termination due to attitude and misconduct is a very subjective matter. But anyway, if you are convinced that he needs to be terminated, then first let us know if you have followed the warning process:
1. Was a verbal warning given and the same recorded?
2. Was a written warning given, and then asked him to clarify his position on the same?
3. Was the final warning given, and the employee asked to clarify his position on the same?
Termination just because one feels that the employee has an attitude is not justifiable. You will have to follow the process. Nowadays an employee from the BPO may not go for legal action, but if he does and you have nothing that can prove your process, then you are in a soup. Try counseling, and if that does not work, then follow the termination process. You cannot terminate him one fine day just because you feel he has an attitude.
Regards,
Ashutosh Thakre
From India, Mumbai
Termination due to attitude and misconduct is a very subjective matter. But anyway, if you are convinced that he needs to be terminated, then first let us know if you have followed the warning process:
1. Was a verbal warning given and the same recorded?
2. Was a written warning given, and then asked him to clarify his position on the same?
3. Was the final warning given, and the employee asked to clarify his position on the same?
Termination just because one feels that the employee has an attitude is not justifiable. You will have to follow the process. Nowadays an employee from the BPO may not go for legal action, but if he does and you have nothing that can prove your process, then you are in a soup. Try counseling, and if that does not work, then follow the termination process. You cannot terminate him one fine day just because you feel he has an attitude.
Regards,
Ashutosh Thakre
From India, Mumbai
Thank you very much, Ashutosh Thakre, for your great reply. Termination is not my decision; it's a management decision. In my company, nearly four to five employees were terminated like that. I raised this to get clarification on that. Thank you very much.
From India, Hyderabad
From India, Hyderabad
Sir(s),
It is easy to recruit any employee, but it is difficult to terminate his services. Besides what is mentioned in the appointment letter and terms and conditions of such employment, the law requires that while terminating the services of any employee, the principles of natural justice must be followed.
I think, as an HR professional, you must have thorough knowledge of the Principles of Natural Justice. If the terminated employee appeals in the honorable Labour Court that the principles of natural justice were not followed, the said employee is bound to be reinstated with back wages.
From India, Noida
It is easy to recruit any employee, but it is difficult to terminate his services. Besides what is mentioned in the appointment letter and terms and conditions of such employment, the law requires that while terminating the services of any employee, the principles of natural justice must be followed.
I think, as an HR professional, you must have thorough knowledge of the Principles of Natural Justice. If the terminated employee appeals in the honorable Labour Court that the principles of natural justice were not followed, the said employee is bound to be reinstated with back wages.
From India, Noida
Yes, you are very correct, Mr. Harsh Kumar Mehta. I appreciate your reply. I am also an employee, so I can understand. In my present position, nothing is in my hands; everything is decided by the management and the project manager. I feel like I am working here just like a machine. Whatever they order, I have to follow. In case they terminate me, I will need to leave. Moreover, the decision-making party is not disclosing the reasons to me as well. The reason I am asking is that if any employee goes by the law, I will be in great trouble, right? Moreover, I am supposed to get out of this situation as soon as possible.
Thank you very much.
From India, Hyderabad
Thank you very much.
From India, Hyderabad
Sir,
Officers/employees working in the HR department of a unit are also employees subjected to the control of the management. However, in case you feel that any decision of the management is not as per established rules/terms and conditions of employment, you may be well within your jurisdiction, in my opinion, to suggest to the management the right course in any given situation. In case, however, the management proceeds further ignoring your opinion, I hope they cannot blame you in the long run if there is a court case.
The terminated employee will file the case or claim in the appropriate court against the "principal employer" and not against any HR by name. However, your views "to come out" as soon as possible will be even better.
From India, Noida
Officers/employees working in the HR department of a unit are also employees subjected to the control of the management. However, in case you feel that any decision of the management is not as per established rules/terms and conditions of employment, you may be well within your jurisdiction, in my opinion, to suggest to the management the right course in any given situation. In case, however, the management proceeds further ignoring your opinion, I hope they cannot blame you in the long run if there is a court case.
The terminated employee will file the case or claim in the appropriate court against the "principal employer" and not against any HR by name. However, your views "to come out" as soon as possible will be even better.
From India, Noida
Hi,
If an employee is not working sincerely and hard for the benefit of the company, then you have to prove his inability in discharging his duties. You said due to conduct or misbehavior. What about his output towards his duties and responsibilities? For every problem, there is a solution in the Industrial Disputes Act, 1947.
In this case, I suggest you can initiate a domestic inquiry into his alleged misconduct. If you have your own Certified Standing Orders of the Company, you can go according to that. If not, please follow the Model Standing Orders. First, you can take a complaint against him by his superiors or his HOD. Then you can issue the Show Cause notice asking for his explanation of why disciplinary action should not be taken against his alleged misconduct. The next step is to issue the charge sheet based on the complaint. There are several clauses in the Model Standing Order, which will amount to constitute his misconduct, and ask him to submit his explanation letter in writing within 48 hours on receipt of the charge sheet. On receipt of his explanation, you can order a domestic inquiry by appointing an Enquiry Officer among your senior executives except the Appointing authority. You can conduct the inquiry fairly on the principle of natural justice. Both parties should be given sufficient opportunities by giving cross-examinations of the witnesses. On receipt of findings from the inquiry Officer, you can decide the punishment.
Before terminating him, you should give him a chance to submit his explanation in writing against the proposed punishment.
If you follow these procedures, even a delinquent approach to the Labour department or Labour court, he will not succeed. But before punishing him, you have to follow the procedures under Misconduct.
Adoni Suguresh
Sr. Executive (Pers, Admin & Ind. Rels) Rts
Labour Laws Consultant
From India, Bidar
If an employee is not working sincerely and hard for the benefit of the company, then you have to prove his inability in discharging his duties. You said due to conduct or misbehavior. What about his output towards his duties and responsibilities? For every problem, there is a solution in the Industrial Disputes Act, 1947.
In this case, I suggest you can initiate a domestic inquiry into his alleged misconduct. If you have your own Certified Standing Orders of the Company, you can go according to that. If not, please follow the Model Standing Orders. First, you can take a complaint against him by his superiors or his HOD. Then you can issue the Show Cause notice asking for his explanation of why disciplinary action should not be taken against his alleged misconduct. The next step is to issue the charge sheet based on the complaint. There are several clauses in the Model Standing Order, which will amount to constitute his misconduct, and ask him to submit his explanation letter in writing within 48 hours on receipt of the charge sheet. On receipt of his explanation, you can order a domestic inquiry by appointing an Enquiry Officer among your senior executives except the Appointing authority. You can conduct the inquiry fairly on the principle of natural justice. Both parties should be given sufficient opportunities by giving cross-examinations of the witnesses. On receipt of findings from the inquiry Officer, you can decide the punishment.
Before terminating him, you should give him a chance to submit his explanation in writing against the proposed punishment.
If you follow these procedures, even a delinquent approach to the Labour department or Labour court, he will not succeed. But before punishing him, you have to follow the procedures under Misconduct.
Adoni Suguresh
Sr. Executive (Pers, Admin & Ind. Rels) Rts
Labour Laws Consultant
From India, Bidar
Bad attitude is not a valid reason and cannot be justified in court. Misconduct is a valid reason. However, the employee needs to be given a memo/notice, and their explanation needs to be heard. If the management is not convinced, only then can he/she be terminated.
An important point to note is that the nature of misconduct also needs to be taken into account. Coming late to the office is misconduct, taking frequent leave without approval is misconduct, but an employee cannot be terminated for these. They can only be served a warning in the first place.
On the other hand, harassment, misappropriation of cash, company assets, misrepresenting the company with clients, vendors, and outsiders, creating a ruckus in the office premises, using abusive language against employers, bosses, and peers inside the office are serious charges and are sufficient grounds for termination. However, these charges need to be proved, or the company must have very strong evidence.
From India, Chennai
An important point to note is that the nature of misconduct also needs to be taken into account. Coming late to the office is misconduct, taking frequent leave without approval is misconduct, but an employee cannot be terminated for these. They can only be served a warning in the first place.
On the other hand, harassment, misappropriation of cash, company assets, misrepresenting the company with clients, vendors, and outsiders, creating a ruckus in the office premises, using abusive language against employers, bosses, and peers inside the office are serious charges and are sufficient grounds for termination. However, these charges need to be proved, or the company must have very strong evidence.
From India, Chennai
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