Dear sir,
We have given charge sheet to an employee to take his more absentism without information. he don;t give written explanation on due time. then we given him an opportunity letter where mention that if you don't give me written explanation for your indiscipline between three days then company will terminate you after complition three days.
after one day he give me written explanation, but I am not finding it satisfactory. so what I do. I terminate him or not, what will be legalty for that.
Plz guide me.
Regards,
From India, Lucknow
10We have given charge sheet to an employee to take his more absentism without information. he don;t give written explanation on due time. then we given him an opportunity letter where mention that if you don't give me written explanation for your indiscipline between three days then company will terminate you after complition three days.
after one day he give me written explanation, but I am not finding it satisfactory. so what I do. I terminate him or not, what will be legalty for that.
Plz guide me.
Regards,
From India, Lucknow
you cannot terminate him untill you give him memo for period of three month akhilesh pathak HR KARM SALES & SERVICE RAIPUR
From India, Bhopal
From India, Bhopal
in this case u can take action against the defaulting employee only as per the "termination" clause of ur company's certified standing orders.
second, before terminating the employee there are certain steps to be followed first issue show cause, then take written explanation if not satified held proper enquiry and only the appointing authority can issue termination notice to the employee. if proper step are not followed the termination order can be quashed
From India, Dehra Dun
second, before terminating the employee there are certain steps to be followed first issue show cause, then take written explanation if not satified held proper enquiry and only the appointing authority can issue termination notice to the employee. if proper step are not followed the termination order can be quashed
From India, Dehra Dun
Memo will give to him (cc) copy will be send to his head and dept. file. Charge sheet will go to his personal file and it will effect on his Appriasal.
From India, Madras
From India, Madras
I think you can terminate him if you donot find his reply satisfactory ( and it stands to reason). However it would be better if you also quote termination clause of his appontment letter and termination is signed by appointing authority only.
From India, Delhi
From India, Delhi
dear shekhar
you hae issued charge sheet and he has replied for that.
basically donot issue such type of letter that if you will not reply within three days than company will terminate you.please never write this type of letter because it shows your intention that you want to terminate him.ok now leave it.
you are not satified with his answer than order for the domestic enquiry.it will be conducted as per the principle of natural justice .
you will produce your all evidences during enquiry and same movement worker will also get all chance to defend himself.
after enquiry report.send second show cause with proposed punishment and enquiry report ,ask individual for any objection.
after his reply or not received any reply than only terminate.
donot take hasty decesion.
regards
j s malik
From India, Delhi
you hae issued charge sheet and he has replied for that.
basically donot issue such type of letter that if you will not reply within three days than company will terminate you.please never write this type of letter because it shows your intention that you want to terminate him.ok now leave it.
you are not satified with his answer than order for the domestic enquiry.it will be conducted as per the principle of natural justice .
you will produce your all evidences during enquiry and same movement worker will also get all chance to defend himself.
after enquiry report.send second show cause with proposed punishment and enquiry report ,ask individual for any objection.
after his reply or not received any reply than only terminate.
donot take hasty decesion.
regards
j s malik
From India, Delhi
It depends that your company has such a rule if he is absent for certain days without any reason then you can terminate him.
Ask him for proof for his explain. and though it is found unsatisf. then terminate him.
From India, Nasik
Ask him for proof for his explain. and though it is found unsatisf. then terminate him.
From India, Nasik
dear floppy
if you will make company rule to terminate some one as per your choce than you will terminate.
tomorrow you will make a company rule to kill someone ,than you will be entitle to kill him.what a logic you have given.
if you making any company policy against the law of land will be void abnitio and will not stand in court of law.
sorry for the harsh language
regards
j s malik
From India, Delhi
if you will make company rule to terminate some one as per your choce than you will terminate.
tomorrow you will make a company rule to kill someone ,than you will be entitle to kill him.what a logic you have given.
if you making any company policy against the law of land will be void abnitio and will not stand in court of law.
sorry for the harsh language
regards
j s malik
From India, Delhi
mr shekhar
I am agree with Mr malik sir, without follow principal of natural justige u cant terminate anybody and if u terminate court will give decision from labour side.
kaam karna to pura karana otherwise why?
sacheein
From India, Mumbai
I am agree with Mr malik sir, without follow principal of natural justige u cant terminate anybody and if u terminate court will give decision from labour side.
kaam karna to pura karana otherwise why?
sacheein
From India, Mumbai
Dear Shekhar
I am quite agreed to Mr. J S Malik's statements
The purpose and practice of HR is all about to strengthening a company and give employees a better workplace as well as appropriate environment.
If termination is the solution of absentism then you are on a wrong track. What is your contribution and creativity?
There are several ways to cope this situation. I will suggest try them and not take hasty decision of loosing a skilled person.
Did you make any personal visit to this employee or try getting personal to him to know the real reason?
Do not be an escape goat face the situation and try resolving it.
Do not use certain words (Hire and Fire, Terminate) and do not take hasty and nasty decisions because it gives a feeling of you being ego centric, into wrong shoe and practice.
If the employee/s is/are not sharing problem/s related to workplace or affecting workplace environment that mean it high time to take some positive initiatives.
At the last last you may ignore my words if you do not like it.
From India, Delhi
I am quite agreed to Mr. J S Malik's statements
The purpose and practice of HR is all about to strengthening a company and give employees a better workplace as well as appropriate environment.
If termination is the solution of absentism then you are on a wrong track. What is your contribution and creativity?
There are several ways to cope this situation. I will suggest try them and not take hasty decision of loosing a skilled person.
Did you make any personal visit to this employee or try getting personal to him to know the real reason?
Do not be an escape goat face the situation and try resolving it.
Do not use certain words (Hire and Fire, Terminate) and do not take hasty and nasty decisions because it gives a feeling of you being ego centric, into wrong shoe and practice.
If the employee/s is/are not sharing problem/s related to workplace or affecting workplace environment that mean it high time to take some positive initiatives.
At the last last you may ignore my words if you do not like it.
From India, Delhi
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20200320_Adviso ry MinistryOfLabou r-Not To Terminate-Emplo yeesOrReduceWag es.pdf