One of my contract labor (on contractor roll) is creating issues in the plant and posting wrong things about the company on Facebook. His intent is always to create problems for management and form unions. I wanted to understand how we can terminate the employee.
From India, Pune
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From India, Pune
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Dear Neeraj,
What exactly is the misconduct done by the contract employee? "Creating issues in the plant" is a vague term and does not explicitly describe the nature of the misconduct.
Do you have approved standing orders for your company? If yes, then you may check the list of the misconducts mentioned in the orders and find out under what misconduct the contract employee is liable for the disciplinary action. If your company does not have approved standing orders, then you may refer to the model standing orders and issue the show-cause notice.
In fact, terminating the services of the contract employee is easy as all that is required is to send a letter to the contractor stating your company does not wish to avail of the service of the particular employee. However, as this contract employee appears to be a troublemaker, you may follow a process of handling the indiscipline.
Thanks,
Dinesh Divekar
From India, Bangalore
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8227What exactly is the misconduct done by the contract employee? "Creating issues in the plant" is a vague term and does not explicitly describe the nature of the misconduct.
Do you have approved standing orders for your company? If yes, then you may check the list of the misconducts mentioned in the orders and find out under what misconduct the contract employee is liable for the disciplinary action. If your company does not have approved standing orders, then you may refer to the model standing orders and issue the show-cause notice.
In fact, terminating the services of the contract employee is easy as all that is required is to send a letter to the contractor stating your company does not wish to avail of the service of the particular employee. However, as this contract employee appears to be a troublemaker, you may follow a process of handling the indiscipline.
Thanks,
Dinesh Divekar
From India, Bangalore
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Dear Neeraj,
There is no contract of employment between a principal employer and a contract labor engaged through a contractor in his establishment. Therefore, as a principal employer, you cannot assume any disciplinary control over his performance or behavior. If you strongly feel that his presence in your establishment is not desirable because of his activities as mentioned in the post, better ask the contractor to replace him with a suitable substitute.
From India, Salem
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There is no contract of employment between a principal employer and a contract labor engaged through a contractor in his establishment. Therefore, as a principal employer, you cannot assume any disciplinary control over his performance or behavior. If you strongly feel that his presence in your establishment is not desirable because of his activities as mentioned in the post, better ask the contractor to replace him with a suitable substitute.
From India, Salem
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The whole purpose of having contractors for contract labor is that you do not have the hassle of legal procedures in case of employees, and they are not permanent.
So all you need to do is inform the contractor (preferably orally) that you no longer want this particular employee, and he needs to be replaced immediately. It will be the contractor's responsibility to take the necessary legal steps.
However, be aware that if this person is trying to form a union, the legal problem will be resolved, but he will likely continue to stir up problems. Therefore, your HR/IR team must be ready to tackle the problems he creates.
From India, Mumbai
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So all you need to do is inform the contractor (preferably orally) that you no longer want this particular employee, and he needs to be replaced immediately. It will be the contractor's responsibility to take the necessary legal steps.
However, be aware that if this person is trying to form a union, the legal problem will be resolved, but he will likely continue to stir up problems. Therefore, your HR/IR team must be ready to tackle the problems he creates.
From India, Mumbai
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In the Indian industry, culturally, the contract labor, though engaged through a contractor, has a feeling of being an employee of the Principal Employer. Moreover, most of the contractors lack knowledge about labor laws, disciplinary procedures, etc. Usually, these contractors, after receiving information from the Principal Employer, inform the contract labor as if it is the decision of the Principal Employer to terminate his job.
Under the above circumstances, it is always better to advise the contractor to settle the issue with the contract labor amicably and, if necessary, to pay some token compensation to stop all nuisance activities.
Usually, permanent employees have some mental support towards the contract labor, and if there is a union, it becomes further complicated. This is the reality in most organizations.
S K Bandyopadhyay (WB, Howrah) CEO - USD HR Solutions 98310 8131
From India, New Delhi
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Under the above circumstances, it is always better to advise the contractor to settle the issue with the contract labor amicably and, if necessary, to pay some token compensation to stop all nuisance activities.
Usually, permanent employees have some mental support towards the contract labor, and if there is a union, it becomes further complicated. This is the reality in most organizations.
S K Bandyopadhyay (WB, Howrah) CEO - USD HR Solutions 98310 8131
From India, New Delhi
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