nijanc
18

Hello Seniors

Good day..

I want to discribe the case stady here. In my company a employee is completely not following disciplines and so that we gave memo and after that also the same thing happened so i taken decission of termination. so i terminated him suddenly and i agree to pay FnF settlement.

At the same time other employees are got dispointed because of this sudden action and they thought that management taking action without any courtesy and they think that no job security for them.

I realized these thing so i conducted meeting with them and explained all about this.(Its not necessary to say all this thing to employees but i said because of clear the fear of them.

In that same day some employees completely drunk and came to office(They are working in nightshift) .

I comes to know that next day from security person. but i didn't pinpoint him because i don't want to make them stress more.. so i left...

then 4 of the person taken leave of 2 days without giving prior information and they did't come for next 3 days...

I need advice from you seniors... what i have to do in this case? if they came back to duty what i take action for that...? pls advice me...

From India, Chennai
srishreesree
28

Dear Nijan,
What ever 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 to your company to execute this rule? You have done your part by clearly explaining other employees no to panic. But still they are doing the same. Try to explain and convince them one mote time. If the same thing repeats, its better to escalate the issue to your top level authority before its gets too late to sort out.
Thanks & Regards,
Srilakshmi korukonda

From India, Hyderabad
magesh_ksm
7

Dear Nijan

First of all you have to issue a show cause notice to the employee asking for a written explanation why suitable explanation should not be taken for the indiscipline activities. If they employee not given any reply or if the reply found unsatisfactory then you have to issue a charge sheet and an enquiry officer has to appointed & in the due process of enquiry you have to prove that he has involved himself in indiscipline activities, according to the gross of misconduct he has to be punished as per the standing orders applicable to you. Without these formalities if you have terminated any employee they can move to labour court & they may get in to the job with back wages.

Secondly you have told that you have explained the happenings to the other employees. Good. Other things you have to do is you have to continuously you have to motivate them & must take them in confidence to avoid labour unrest.

If any employees came to duty in drunken state is a very serious misconduct & it should be viewed seriously. You instruct your security personnel that in case if anybody comes to duty in drunken state immediately the security personnel should take them to the registered medical practitioner & must do blood test & prove him he was in a drunken state, then you have to issue charge sheet & follow the above formalities.

In case of unauthorized absenteeism you have to issue a show cause notice & follow above formalities.

Hope the information will be useful to you.

With Regards,

S.Magesh.

From India, Mumbai
nijanc
18

Thanks for your valuble replay - Srilakshmi and Magesh. but i still having confusion whether have to continue with these employees or go for recruit new one...because it affect overall productivity of my organization.. so if they come back then i have issue charge sheet in case if it is happen same thing again i don't have option to resolve this issue...
My top level management stated that need alternative resources... don't want any of these employees ... just terminate them... but i wanna do that with out any labor issue so i still patient...

From India, Chennai
magesh_ksm
7

Dear Nijan
Tell me whether they are in engineer or supervisory cadre?
If they are in above cadre then you can directly terminate them by issuing one month notice or else you have to create records against them by issuing show cause notices to them, if they commits serious misconduct immediately you can draft a charge sheet with the help of senior people & follow the enquiry procedures, after completion of enquiry you can terminate them & recruit new employees. So that you can avoid any legal problem.
With Regards,
S.Magesh

From India, Mumbai
launchpad
44

we should never compromise for Discipline. It is a must in the office and it has to be maintained at any cost. What ever is done is correct. Then only other staff will be careful. Send a circular stating that the management cannot tolerate indiscipline in the office and who ever indulge in indiscipline will be punished. Do not be afraid of any body. Only thing is that the management shold stand with you.
Make a sudden visit to the office in the night and catch hold of stafff who are drunk and take action against them

From India, Madras
dadhwal.ashish
2

Hi Nijan,
As a HR we should always tend to help the employees and in my views firstly before expelling him you should have counselled him and tried to know about the root cause or reason behind his repeated indiscipline. For this you should have treated him personally like a friend and extracted reason behind the misconduct. We saw most of the times some family problem, job disturbance, unclarity of job develops this type of behaviour. So kindness ans some threats on the name of the management could have resolve the issue. It is always a harsh decision to take resign. And similarly the others should be taken in confidence for restoring their job security.
Ashish Dadhwal

From India, Hoshiarpur
nijanc
18

Dear Ashish,
I already given counseling to the employees.. I'm not taking decission direct to termination.. i very well know that terminating employees, its not only affect individual employee and it also affect companys good will.. but thing is they are understand every situation and well know about the management ... but i didn't find the reason for this kind of activity...

From India, Chennai
nsivakumar1970
7

Dear Nijan,
As per my personal experience, i request you to please don't terminate them. Meet them within the office or any other place ( like get together). Ask them their problem, try to solve the same. Termination is not a permanent solution. It's not a easy work to convince them. But we can try.
Regards,
Sivakumar

From India, New Delhi
sagarsinkar
17

HI Nijan,
I agree with Mr.Shivkumar view point. Termination cannot be the answer. Seeing the situation from different angle,the employees could be checking on you and management post your meeting. However, as many have pointed discipline cannot be compromised.
Before you take any action ensure couple 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 right channel, I suggest you involve senior person from employee side who can put across management view. (Preferably not union)
3) Finally your actions should not affect overall productivity of the organisation. I suggest you first create a back up plan (eg: hire temp employees as replacement for the said employees), in case you wish to take drastic actions.You can also put them on forced leave for a weeks time to cool their heels.
Hope this helps you.
Best Regards
Sagar

From India, Mumbai
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