Dear Veronica,
Please adopt the procedure suggested for disciplinary proceedings to avoid legal complications ;
1. Get done Preliminary enquiry in the matter through a senior/reliable official.
2. Serve notice to the delinquent employee based on the findings of preliminary enquiry. Ask him to explain his position on the allegations within 24 hours. If reply is unsatisfactory, issue detailed Charge sheet incorporating the clauses of misconduct as detailed in the Standing Orders/Code of conduct of the organization or in the employment contract with a list of witnesses & documents the management relied upon.
3. Initiate inquiry giving fair chance to defend the delinquent employee.
4. Terminate the employee if charge(s) proved. Give a copy of the fact finding report of Enquiry Officer to the concerned employee.
5. If standing orders permits, allow the terminated employee to approach the appealing authority to review the decision of termination given by the appointing authority.
R K SINGH
From India, Delhi
8Please adopt the procedure suggested for disciplinary proceedings to avoid legal complications ;
1. Get done Preliminary enquiry in the matter through a senior/reliable official.
2. Serve notice to the delinquent employee based on the findings of preliminary enquiry. Ask him to explain his position on the allegations within 24 hours. If reply is unsatisfactory, issue detailed Charge sheet incorporating the clauses of misconduct as detailed in the Standing Orders/Code of conduct of the organization or in the employment contract with a list of witnesses & documents the management relied upon.
3. Initiate inquiry giving fair chance to defend the delinquent employee.
4. Terminate the employee if charge(s) proved. Give a copy of the fact finding report of Enquiry Officer to the concerned employee.
5. If standing orders permits, allow the terminated employee to approach the appealing authority to review the decision of termination given by the appointing authority.
R K SINGH
From India, Delhi
Dear Veronica,
U had ample information by every angle regarding the case.
But question before me is whether the employee in question is working in administrative or managerial capacity. if so ,then u r free to drop all above remedies and or solutions. Without any notice or chargesheet u can fire him out immediately.
Think over it. and if he is within the definition of Workmen then follow the procedure as stated by all my friends.
Regards,
KIRAN KALE
From India, Kolhapur
U had ample information by every angle regarding the case.
But question before me is whether the employee in question is working in administrative or managerial capacity. if so ,then u r free to drop all above remedies and or solutions. Without any notice or chargesheet u can fire him out immediately.
Think over it. and if he is within the definition of Workmen then follow the procedure as stated by all my friends.
Regards,
KIRAN KALE
From India, Kolhapur
heloooooo all,
first thing first- in all HR matters stop thinkig by heart and start thinking by head. No reader has enquired about the status of the employee-temp/probation etc.also there is no need for a clause in apptt letter abt doing ur own business in office time using office space /infrastucture etc.and therby setting wrong precedents/spoiling office work ethics/culture.It is well understood that a person canot do 2 jobs unless specifically permitted.Now action part- If a temp/probationer, fire him straight away without assigning any reason so as to not elongate your and employee misery by way of show cause notice /domestic enquiries etc.If a permanent/long term employee and not a repeat offender ,justice demands that u give him a chance to mend his ways in the shortest possible time and counsel him verbally. if malady still persists the route of showcause notice and summary dismissal be adopted.
From India, New Delhi
first thing first- in all HR matters stop thinkig by heart and start thinking by head. No reader has enquired about the status of the employee-temp/probation etc.also there is no need for a clause in apptt letter abt doing ur own business in office time using office space /infrastucture etc.and therby setting wrong precedents/spoiling office work ethics/culture.It is well understood that a person canot do 2 jobs unless specifically permitted.Now action part- If a temp/probationer, fire him straight away without assigning any reason so as to not elongate your and employee misery by way of show cause notice /domestic enquiries etc.If a permanent/long term employee and not a repeat offender ,justice demands that u give him a chance to mend his ways in the shortest possible time and counsel him verbally. if malady still persists the route of showcause notice and summary dismissal be adopted.
From India, New Delhi
Dear Senior member /super moderator,
i am very disappointed to see ur reply,which simply suggests that for every obvious misconduct we should have a clause in appointment letter.I TOTALLY disagree with you in as far as what u have suggested rather pompously in your reply.For my detailed reasons please read my reply which i have posted today on this topic.
CK SAFAYA
HR and Law consultant
From India, New Delhi
i am very disappointed to see ur reply,which simply suggests that for every obvious misconduct we should have a clause in appointment letter.I TOTALLY disagree with you in as far as what u have suggested rather pompously in your reply.For my detailed reasons please read my reply which i have posted today on this topic.
CK SAFAYA
HR and Law consultant
From India, New Delhi
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf