Dear Seniors,
I have a query regarding terminations to be carried out. What are the processes to be followed? How can we make a policy for the same?
Please guide me to draft the same.
Thanks in advance.

From India, Pune
Dear friend,
First and foremost, when you ask some query to seniors, business etiquettes demand disclosure of your name, designation, what type your company is etc.
Process of employee discipline is outlined in Industrial Standing Orders. Rather than making separate policy, what you need to do is to get approved standing orders for your company. Termination happens because of the misconduct. Types of misconducts are well defined in the standing orders.
Standing orders are approved by Asst Labour Commissioner. It is as good as constitution of your company. Any action taken under the provisions of standing orders is tenable under any labour law. Courts also do not interfere if the action is consistent with the standing orders.
Please check the standing orders act of your state where your company is located.
Dinesh V Divekar
Beware of false knowledge; it is more dangerous than ignorance.

From India, Bangalore

For seasoned HR practitioners, the termination of employment, is a critical process that must be handled carefully and should strictly comply with the requirements of the Labor Law and other local laws in the area/ country where a company operates in order to avoid charges of illegal dismissal, re-instatement, and back wages.

In order to do this, a company must always observe the so-called "DUE PROCESS" mandated by your laws, esp the Labor Law!

But because not all managers (or even executives) are familiar with labor laws, a company must set-up labor relations policies and guidelines, esp. the so-called "Discipline Handling Process Guide" which states the detailed procedures and responsibilities of each party that will be involved in discipline decisions. This may even include the creation of a Discipline Committee.

My company can help you set up the entire process and give you all the policies that you will need in this area.

Contact us if you need external help and has budget.

Best regards.

Ed Llarena, Jr.

Managing Partner

Emilla International Consulting SErvices

From Philippines, Parañaque

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