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Dear Seniors,
Please reply that how to terminate employee immediately ? My boss is asking me to terminate one employee immediately who has sent abusing words by mail to other employee, but in appointment letter there is no any clause regarding immediate termination.
I don't have any idea about his F&F and termination letter, please put your view on this matter, waiting for your reply.
Regards,
Raju Makwana
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Your company must be having a code of conduct/Employee handbook wherein termination due to negligence,misconduct, non performance etc would be mentioned, please refer the same and let us know what it states. As general a incident report has to be prepared and has to further investigate, and can warn him by giving a warning letter or a suspension instead of straight termination itself.
How big is your organisation? How many employees are working? What is the nature of your business?
Legally you need to conduct an enquiry. However based on certain facts, we advise certain course of action if whatever you have stated is true.
Best option in such cases is to call the employee to yoyr room, confront him with the mail he has sent, and ask him to resign immediately
Hi :
Incase there is no guidelines on involuntary separation defined than it will be appropriate to investigate the matter and issue a strict warning to the employee for his misbehaviour and clearly mentioning that in case of similiar incident in future the matter will proceed exparte.
- Gia
Dear Raju,
First you have to conduct an inquiry/counseling and try to know what is matter/fact between both, after knowing the fact you can ask to him/her to resign immediately. you cannot terminate the immediately without paying one month salary if he is confirmed if he is in probation period then you can terminate his/her service as per the terms and conditions of appointment letter.
Some tips are mentioned below for prevent such type of misconduct in organization.
1. conduct orientation and Induction program to new joiners
2. prepare code of conduct of your organization
3. make the list what to do's and what to do not do's and circulate to every employee and
4. Last thing is that never tolerate such type of activity in your organization without bigotry to any side.
Thanks and Regards
We have given verbally instruction to him and inform him that he is suspended for few days, he has accepted his mistake,
he is not confirmed yet, his confirmation due was 01.03.2013 but management has not confirmed him
Please reply that how can we have inquire and proceed further?
Regards,
Raju
If you want to terminate him, you can do so now as he has not been confirmed. I presume he is on probation Do not initiate enquiry etc but terminate him . However, it is better to call him and get a resignation letter from him
If your management want to terminate him without any inquiry then this is the best time since he is under probation, so as per the termination clause you can proceed.
But if your management want to give him a chance of improvement you can extend his probation for further 3 months, as such he is been suspended as per you. Since he has accepted his mistake kindly get an apology letter from him to be filed in his personnel file
Dear Mr. Raju,
Clause of separation / termination must be there in appointment letter even this is the basic clause need to mention in appointment letter.
Well, now according to the situation you can terminate the employee after doing following :-
1. Get a written complaint from the other employee to whom he sent abusive mail.
2. Issue a show cause notice to the employee who have sent abusive language email.
3. Get a reply / confession letter from the employee.
4. Issue another letter from the company's side stating that management is not satisfied with the explanation provided.
5. Ask him to resign or else management will terminate him
6. If he submit resignation then its ok else issue termination letter accordingly.
Discipline is discipline no compromise. That will be a lesson for others.
But before initiating this you need to go in deep and check the case thoroughly for fair decision. Don't just follow your seniors wording.
Chill HR
https://www.facebook.com/HRGang
Dear All;
Questions that emerge are is that employee bargainable or non-bargainable,
If employee is bargainable, a show cause notice will have to be issued and enquiry conducted. If found guilty in the enquiry employee can be dismissed without notice.
If employee is non-bargainable then no need for any enquiry. In the appointment letter there must be some clause for termination, follow that. If not, then also employee can be terminated with usual notice pay in lieu of notice.
Vibhakar Ramtirthkar.
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