Alphonse
Manager -hr&a
Rajanassociates
Legal Counsel
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Sarann
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Ann M
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Malikjs
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SATISH KUMAR DHANWAL
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Jai1736
Labour Laws, H R Management
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Dear All,
Can we terminate an employee for insubordination, without even giving him a show cause notice. what will be the consequence of such termination? can he challenge such termination in the court of law

From India, Madras
dear
you can not terminate an employee with out giving hm oppourtunity to explain him self or defend him self.you have to follow the principle of natural justice and complete all formalities.
however termination can be challenged evenafter completing all formalities but your case will be little strong.
tks
j s malik

From India, Delhi
Dear Friend I am attaching a PPT on disciplinary action which can be useful for u to go further. regards alphonse 9443625359
From India, Madras

Attached Files
File Type: ppt DISCIPLINARY ACTION[1].ppt (357.5 KB, 3351 views)

Hi Pramod !
You cannot terminate an employee on a cause of "Insubordination". Employee you are talking about may claim he / she is put to mental harrasment by the Boss [whoever it is ]. Then he will have a strong rope.
If the employee is not doing the assigned job properly or to the requirement, then employer can issue a warning letter saying that in a stipulated time-bound, if he/she fails to improve his/her skill to the company's needs, an action will be taken, which may result in his/her termination from the service.
Such ground are to be made, before getting rid of any trouble making employees to avoid legal problems
RP

From India, Bhopal
dear
one our friend given ppt but in short u have to issue show cause by explaing complete charges,ask explaination ,set up domestic enquiry,ask second show cause ,than only go for termination. see punishment should be proportionate nwith gravity of offence.
tks
j s malik

From India, Delhi
Dear
As per the Judgment of various Courts ,termination for first time in sub ordination will not be a right thing.First give him a Memo ask him for an explanation and if he repeats it for a third time after a second memo you can go through the process of enquiry and the Enquiry Officer should be satisfied.In-subordination can be remedied by effective counselling.
With kind regards,
V.Sounder Rajan
Chennai – 600 001.
E-mail:[email protected]
Off : 044-42620864, 044-65874684
,

From India, Bangalore
Employee is general term, which can further be sub divided in to those governed by
definition of WORKMAN And others.It is further necessary to state whether Standing
Orders Act is applicable to your establishment.Therefore some more details are required.How ever the general proposition that no one be punished unheard is basic
principle of natural justice and is applicable to all cases.

From India, Pune
Hi All this in a lighter vein! No offence meant One can only terminate the services, not the employee P.S.S.MURTHY
From India, Hyderabad
Hi, Pls help me out. My query is: In case we want to rehire our ex- employee who left with completing all formalities. Do we need to issue fresh Appointment letter to him/her Pls help ASAP. Gaurav
From India, Delhi
hi pramod u can terminate employee without giving him any show cause notic,note one more thing that u can forfit his gratuity also. you must do one thing send him termination letter assigning the reason that why u r terminating him,also explain his rud behaviour and insubordination behaviour and mentain that his services is not required. if u want judgement i can give u
From India, Indore

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