General Manager-hr
Hr Manager
Assistant Manager - Hr
It Management
K C S Kutty
Labour Laws
Human Resource
B Ravichandiran
Manager Hr
Compliance Expertise In Labour Laws &
+1 Other

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Dear All
Iam working as HR Manager in a big educational group, in one of our school, one of the driver is creating unrest in the branch, he is working from last five years in our school, though he has created many acts of indicipline none were documented and he was given only verbal warning and let off freely on previous ocassions, now his acts of indicipline has reached maximum and he is also influencing other 8 drivers. What is the best solution for this problem? We have not given any appointment letter. As it is a school we dont have standing orders, but being a driver he is covered under Motor transport Workers Act. Please advice, the problem is very serious and urgent.
Naga Praveen

Hi Praveen, Terminate him. Go by legal procedures, dismiss him on the basis of misconduct. Help the needy....
Dear Praveen,
Never directly terminate any employee who are in workmen Category. Pl follow the principle of natural justice and conduct a domestoic enquiry. Terminate, if it is proved that he has done serious misconduct. Please always create written evidence while handling disciplinary action against any workmen.

Dear Nagapraveen ji,
As you are aware that " Where the certified Standing Orders" are NOT there a Model Standing Orders will be applicable ? So go as per the Induatrial Employmet Standing Orders Act. And your situation is very sensetive so handle carefully. Generally the bus drivers are very pet to the owner of the School Management, Is your management is appointed the drivers from out sourcing ?

My $0.02.
Start documenting misconduct - specific instances, damage caused by his actions, warnings given - be as objective as possible with safty of the school and children in mind. While you are at it, also create a standard safty measures policy and a code of conduct. Consult an attorney specialized in labor laws (since he is covered under the law, he is probably a member of some union - it could get tricky and very sticky). Follow the procedure laid by the law and document everything you do to prepare grounds for termination. Terminate!

Dear Naga,
Please do not wait for any mishappening to happen and throw this driver out. You, me or law has no binding to safeguard such person/s. send a letter to the trasport authority with a copy to police station stating proper reasons. pay him one month salary through cheque and get rid of him, so that this fellow may not be able to drag you to the court.
The so called paper work attitude has caused death of 5 girls in delhi yesterday. apart from paperwork we have a greater responsibility towards society.
rupendra Chahar

throw him out. but have a documented back up. track it down from the past and give it with specific dates. if there's a union take them into confidence and tell them that you are sacking one person only based on his misconduct. it always makes sense to have given him chargesheet in his earlier instances. he would have mellowed down once you started documenting and he becomes aware of it. if push comes to shove have a police back up and force this punk to misbehave (too extreme) and have it recorded in video so that you can take it to court and cover up.
tough times call for tough measures.

Suggestions given by Som Gollkota are ver correct.
1. Phe has belease do NOT JUST TERMINATE the servies of the truant Driver as has been suggested by some members. It would be a very wise move.
2. Like suggested by Som, at the drop of a hat issue a letter to the Driver, highlighting his current misconduct/misdeeds. In the letter you can also state :
"that in the past also you had committed similar acts of misconduct for which you has been warned verbally".
Once you have built up his record of disorderly conduct, and if and when he commits any serious act of misconduct:
1. Immediately suspend him.
2. Issue a Charge Sheet.
3. Hold a Domestic Enquiry.
4. based on the findings of the EO, you may decide to dismiss him from service.
For any clarifications please feel free to contact me.
Best Wishes,
Vasant Nair
HR Advisor

Please suspend the erring driver by quoting the recent incident pending enquiry, Subsequently issue the show cause notice cum charge sheet and call for explanation. if the explanation is not satisfactory then constitute the domestice enquiry through an outsider and on completion of the enquiry take suitable action apporiprately. for this you may contact your local advocates and management consultants who could help you in this regard. Any further clarification you may contact me in my email id .
B ravichandiran:confused:

First confirm weather the driver is on your payrolls. or getting salary on salary vouchers. If he not on your payrolls. need not to worry.

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