we have some issues with the workers, and management wanted to terminate / forced resignation based on the following points. As an HR, can i take action like that abruptly or by giving one month notice.?
1. Shouting in the factory, fighting with each other
2. not obeying to the supervisor instructions
3. low performance.
4. sleeping in the night and caught in the camera.
5. speaking bad about company, like less bank balances, etc..,
6. wasting the Raw Material, fuel consumption, etc.,
7. avoiding others to not to do OT
8. having alcohol and entered into factory on pooja's, festival days.
As these workers were located locally and had influence in politics, earlier HR's have not taken action against them.
Need your advise to take this forward.
Thanks in Advance.

From India, Chennai

Legally you can issue charge sheet, can conduct proper enquiry. You have evidences so your position is strong.
Practically if legal action is taken they may attack you. As you have mentioned, they have political support also so it will be difficult for you to cope up with the situation because life threatening situations may be created.
Think wisely before taking action.

From India, Mumbai
Based on the issue u can take actions like suspension, memo warning and also termination which seems to be your part very strong so u don't have to wait can act immediately and send the bad elements out the organisation before the virus spreads. If your professional do not fear of political support of personal threats if its ethically wrong and against the company policy act accordingly
From India, Madras
Hello Stepehen

The acts you listed for which your mangement wants you to terminate, must have been enumerated as misconduct in your standing orders. you cannot abruptly and unilaterally terminates the servcies of a workman without hearing them as per the principles of natural justice. For this, you need to take the following steps .

1) serve a chargesheet on the workman concerned who has committed the misconduct, specifying the allegations, calling for explanation from in respect of them.

2)If the explanation is not satisfactory, conduct adomestic enquiry, appointing an enquiry officer who is unbiased.

3) If he is found guilty, pass apprporiate punishment including dismissal, if the miscondcut deserves it.

The procedure is necessary to make management action fool-proof, failing which it will not be sustainable in the courts of law and the workman may come back and this time much more emboldened.

However you need to be tactful in handling it and devise a strategy as you have said that they have politicla clout.You need to appriase the management of the possible ill consequences of faulty action.the magment probbaly wants to avoid the disciplinary action route to avoid anty unpleasnat situation.but they need tobe bold. but you cannot take on all union members at a time. Stratagise yur approach.



From India, Mumbai
Dear Stephen,
I fully agree with the advise from "Anonymous". Think 100 times before taking any action.just take a lesson from Incidence occurred at Maruti Plant. It was no other but HR Manager was targeted. Handling these issue is like playing with the fire, be cautious. Utmost diplomacy is required in tackling these issues,very few HR manager have pleasant experience in Handing these kind of Issues.Good Luck.

From India, Mumbai
you need to conduct disciplenary proceedings within company and for Labour dept in a planned manner acceptable under law.
However, you should cautious while awarding punishment , management actions should not cause hurdle to the business.
with regard to polical and local body influence, you need build or establish contacts and make to understand the business disciplines within the working area which are very important to production, safety of the men at work. Unless business runs well and sustain , it is threat to industry.
while the initiating disciplenary proceedings are in progress , you need to conduct counseling sessions to other employees how important they are to company. you also need convince management to build morale among workmen , human relations and beheavour training programs in your company and build teams to strengthen relations.

From India, Hyderabad
Dear Stephen
Apart from the above i would like to add some points.
First, if your company is having any certified standing orders means kindly go through it.
If not study the model standing orders prevailing in your state.
For the above mentioned misconducts you can issue charge sheets for the miscreant employees and domestic enquiry has to be conducted against those employees.
Kindly contact a labour lawyer, who has expertise in conducting domestic enquiry.
Collect the evidences against the employees.
Apart from that you have to convince the local political parties by explaining the situation.
While taking all the actions you should make understand the other employees and some of them should join you. make them satisfied that management is with them only, to take care them and support them.
Finally you have to take atmost care of yourself, because it will be projected to him that you only have initiated disciplinary action against him.
With Regards,

From India, Mumbai
Dear Stephen,
Whatever you may want to do, don't compromise on initiating a domestic inquiry. For any action on disciplinary grounds direct termination, dismissal should be the last resort. Before that you have to exploit other avenues like warning, suspension, demotion, cutting down increments/with holding increments etc.
By the by you don't have any other branches so that these guys could transferred ?

From India, Bangalore

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