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The terminated employee manager, HR, is still working on my payroll and was asked verbally by the reporting officer to do so; I am now heading HR. What should be my action as a new HR head? Is there any clause basis on which the reporting officer can be given a warning? The location is Mumbai.
From India
Dear Deepti,

Your post is confusing. Why the HR Manager was terminated? Before awarding the punishment of termination, did the company conduct a domestic enquiry? To whom did the HR Manager report? Why did his reporting authority advise him to continue despite his termination? What is the designation of the reporting authority?

Even after awarding the punishment of termination, if the employee continues to do his duties, then the person who decided on termination has been left in the lurch. Why did this person keep quiet? What the top leadership was doing when the process of discipline was reduced to a farce? Why did they not intervene? Why did they wait for the new HR Head to take over and then decide?

We the members of this forum are outsiders and do not know the internal dynamics of the company. Therefore, please try to understand who calls the shots in the company. Please take this person as well as top leadership in confidence and make the decision.

Thanks,

Dinesh Divekar

From India, Bangalore
Dear Member, Report the matter to your seniors immediately. Discuss the matter with them. Regards, R N KHOLA
From India, Delhi
If a person has been removed (Terminated), a manager has no right to ask him to continue working.
This is definitely a violation of service rules and therefore a misconduct

You will need to see your standing orders (or see the model standing orders if the company does not have certified standing orders). Based on that, you can issue a showcase notice and have domestic enquiry conducted.

But, as Dinesh-ji said, please ensure you have approval of the management on the action you take.

From India, Mumbai
Dear Dipti, I don’t make any sense out of this post. Your description is confusing for giving any suggestion. You better put the topic it point wise.
From India, Mumbai
Dear Deepti,
Once any employee has terminated by company they could not ask to report him to do the work.
It will be make in trouble to organisation.

Some time organisation top leaders required the smooth handover the charge can take this type decision.

But it is beyond the law.

From India, Pune
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