Hii, Our XYZ employee has been working at our company for the last 3 years. He is on a roll of the company. One day, he came to work on his regular shift in the company, but he went outside of the company without obtaining permission from a concerned officer or punching a card. Can I terminate this employee after giving a show cause notice & if he accepts his mistake? If yes, tell me based on which section of the Factory Act I am terminating the employee. Please.
From India, Pune
From India, Pune
Hello Mr. Saste,
I think before taking a decision of termination, you should talk to the concerned employee why he went out without permission. If the reason he presents is not satisfactory, you can give a verbal or written warning to him to prohibit its recurrence. If he accepts his mistake, giving a chance to improve is worthwhile.
You mentioned he is working since last 3 years so considering this, a dialogue with him is more appropriate to decide the course of action.
From India, Pune
176I think before taking a decision of termination, you should talk to the concerned employee why he went out without permission. If the reason he presents is not satisfactory, you can give a verbal or written warning to him to prohibit its recurrence. If he accepts his mistake, giving a chance to improve is worthwhile.
You mentioned he is working since last 3 years so considering this, a dialogue with him is more appropriate to decide the course of action.
From India, Pune
Dear Vikrant Saste,
Alike many other HRs, you are focusing on a person rather than an incident. Before issuing the show-cause notice, gather the information on the following points:
a) The employee left the workplace without due permission. But did his supervisor or the manager notice his absence or they too were informed by someone not from their department?
b) Why did the security personnel allow the employee to go out? Did they not question him for his unauthorised exit?
c) Whether the security personnel questioned the employee or not, did they inform the HR department about the unauthorised exit? Otherwise, how the HR Department could come to know the exit of the employee?
d) Unauthorised absence from the workplace is misconduct. Has the employee done misconduct for the first time or it is a repeated one?
e) Does your company have certified standing orders? Has unauthorised absence been listed as misconduct in the standing orders?
f) Did the tension brew between the employee and his manager? Was the employee disgusted?
Whatever the compelling circumstances may be, the employee cannot leave the workplace without proper authorisation. If this trend catches, then it will become difficult to restore the culture of discipline. Therefore, you may issue the show-cause notice, wait for the reply and then take a call on the punishment to be awarded.
By the way, the proposed punishment of termination from the services is too harsh. There is a famous quote by Abraham Maslow: if the only tool you have is a hammer, then everything starts looking like a nail. It appears that since you have power at hand, you wish to exercise it with full vigour. Well gentleman, please be aware of the risk associated with the excessive use of force. There is a difference between enforcing discipline at the workplace and driving it like a nail.
Even after awarding punishment of the lesser order, as previous senior member Ms Parkhi has said, the situation merits follow-up counselling. But does your company have someone competent to counsel?
Thanks,
Dinesh Divekar
From India, Bangalore
Alike many other HRs, you are focusing on a person rather than an incident. Before issuing the show-cause notice, gather the information on the following points:
a) The employee left the workplace without due permission. But did his supervisor or the manager notice his absence or they too were informed by someone not from their department?
b) Why did the security personnel allow the employee to go out? Did they not question him for his unauthorised exit?
c) Whether the security personnel questioned the employee or not, did they inform the HR department about the unauthorised exit? Otherwise, how the HR Department could come to know the exit of the employee?
d) Unauthorised absence from the workplace is misconduct. Has the employee done misconduct for the first time or it is a repeated one?
e) Does your company have certified standing orders? Has unauthorised absence been listed as misconduct in the standing orders?
f) Did the tension brew between the employee and his manager? Was the employee disgusted?
Whatever the compelling circumstances may be, the employee cannot leave the workplace without proper authorisation. If this trend catches, then it will become difficult to restore the culture of discipline. Therefore, you may issue the show-cause notice, wait for the reply and then take a call on the punishment to be awarded.
By the way, the proposed punishment of termination from the services is too harsh. There is a famous quote by Abraham Maslow: if the only tool you have is a hammer, then everything starts looking like a nail. It appears that since you have power at hand, you wish to exercise it with full vigour. Well gentleman, please be aware of the risk associated with the excessive use of force. There is a difference between enforcing discipline at the workplace and driving it like a nail.
Even after awarding punishment of the lesser order, as previous senior member Ms Parkhi has said, the situation merits follow-up counselling. But does your company have someone competent to counsel?
Thanks,
Dinesh Divekar
From India, Bangalore
I presume he went out without information or permission or punching during his duty hours. Termination is a capital punishment for 'not so serious' act by the employee concerned. It's sufficient either orally or in writing obtain explanation from him. He may have his own explanation for the unusual act. It may be even as a result of 'impulse control disorder' (ICD) he suffered at that moment. Hope he has not repeated his 'walk out' . So long as it remains 'not habitual' in him you'll have no cause of action to inflict harsher punishment. For the time being it would suffice, you leave him with oral or written warning and marking him absent for half a day.
From India, Bangalore
From India, Bangalore
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