Hi, I am working in a manufacturing company as an hr executive in Himachal Pradesh as in Himachal Pradesh labour law is very strict but this is also good & somewhat little wrong in some points as here some labours attitudes are very wrong, they misbehave but as they are on our payroll so we are unable to find out the solution. Please suggest me some tips on that I can terminate them as they always threaten that we will take this thing into labour court. As one week back we have given one month notice to ten people as we have less production in this month but they have created a scene & they gave threat that they will take this issue into labour inspector. Please suggest me.
From India, Chandigarh
Hi Amit,
Firstly, Your company should have a legal mentor and secondly without consultation with your company labor consultant you cannot issue any termination letters to employees which please note.
i strongly feel that the employees at your esteemed organization are misbehaving because you have given them the liverage to do so. Probably, the reason could be that - your company employees must be knowing better than you about termination laws.
However, the best suggestion that i would give you is to immediately consult your company - legal mentor or labor consultant and check the do's and dont's applicable in the termination law and i m sure this will solve your problem. Your company top management can help you in this.
You should also ensure that the termination policy should be mentioned in the appointment letter and you can also put it up on the notice board if required.
regds,
sushma


Dear friend, u should not decide such issues in generality. i agree with sushma on this. on such labour / legal issues u can talk to me for specific issues. regds anil kaushik mob;09829133699
From India, Delhi
Hi Amitranjan,

Please note that for dealing with any type of misconduct of workmen/employees you have to go by the Standing Orders applicable to your company. Please check whether you have your own certified standing orders or the model standing orders.

All types of disciplinary actions must be based on the principles of natural justice, which in short means 'giving an opportunity to the other person to be heard'. It is therefore necessary that for any act of omission or commission, like misbehaviour, less production, arrogant behaviour etc,you issue a charge-sheet to the employee mentioning clearly the charges against him.You should thereafter hold an enquiry and based on the enquiry report take further action. If you straight away terminate without following the procedure, the court may term it as unfair and the employee may have to be reinstated with back wages.

It has been rightly suggested, that you should consult a legal person to make your self familiar with the do's and donts. Avoid any hasty action in such matters.

Cyril

From India, Nagpur
Dear Amitranjan,
Mr Cyril has given you the right and right suggestion, you will have to follow the procedure of natural justice, a domestic enquiry should be hold by appointing a out sider enquiry officer and on his finding report you can take the action only and only after consusting to our top management/legal advisor.
You will have to see the IR mattar also that will be reaction after taking any action.
The steps for taking any disciplinary action may be summarised as follows:
Repeated verbal warning (If possible)
Written warning.
Show cause
Again show cause
Charge sheet
Charge sheet with suspension
domestice enquiry
(All these steps can be taken for a similar kind of misconduct)
If there is Trade Union you can give one chance on their approach.
Please also note that your termination should be according to your STANDINGING ORDER as memtioned by Mr Cyril.
rrtpan


Hi,

I agree with all the above suggestions. First, before taking any such actions against employees, you need to consult your company legal advisor (or if you dont have any such person, you can take the help of any other legal person who is aware of these issues, but it is always better to have your own legal advisor) if you are going to face any problems legally due to this action.

Another doubt I got ..... you have mentioned that as the production wanted is less, you have given termination letter (ofcourse misconduct is also one issue). In this case, as the company want to decrease the number of employees, you need to again approach the legal advisor if you need to pay any compensation for them as you want to send them out as you dont have any work for them. But if it is the issue of misconduct, as others said you need to follow few procedures like:

1. Verbal warning

2. Written warning to improve their conduct

3. Written notice specifying some time period where they are kept under observation

4. Organizing a hearing

5. Finally, if he/she doen't change after these many actions, termination.

Sirisha Reddy

From India, Bangalore
Hi Amit,
I think at first you got to talk with the workers who represent the whole (In case of Union; Union representatives). Tell them that if this continues you have no other option but to go in for disciplinary procedure.
After that carry out some Disciplinary proceedings and give mild punishments like warnings, suspension for 5 days and slowly build up a case. Once you start this slowly workers will fall in line.
If the situation continues then go in for termination, but you must follow the proper Disciplinary procedures. You may click on the link below to get assistance for how to carry on a proper Disciplinary Procedure which will stand in Labour Court i.e., is legal, transparent and binding.:
<link no longer exists - removed>
Regards,
SC

From India, Thane

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