Dinesh Divekar
Business Mentor, Consultant And Trainer
Labour Law & Hr Consultant

Is there any provision to send any senior person from the company who was working for almost 8 years without any proper reason/information. Or we need to give some compensation apart from PF and Gratuity.
From India, Kumar
Dear Suresh,

Please explain few more details like in what capacity you are asking this query, what type of business your company is into. Other details also required like what is the designation of person, why you would like to "send" this person? Let me believe when you say "send", you mean "remove". Has he done any misconduct? If yes, what was the gravity of the misconduct? Did you conduct any enquiry and so on.

"Sending" person out "without proper information/reason" is easy for organisation. Management can wield enormous power that is there at its disposal. However, what management does not see is devastating effect that it may create on the moral of the people working in the company. Removal without sufficient reasons is not taken lightly by the staffs. That too this is senior person. It could foster attrition in your company. Have you done risk assessment of this factor?

Unless the employee is involved in grave misconduct, it is better to pay as per the terms mentioned in the appointment letter of employee. PF and gratuity are his statutory claims. You are not "giving" them. If you start paying something on and above the terms of employment, it may set a new precedent and should similar case comes before management, that time management may have to pay extra remuneration that time also. Therefore, take the decision judiciously.


Dinesh V Divekar

From India, Bangalore
Dear Suresh,
In continuation of what Dinesh said, I would like to add that depriving an employee of his job in breach of the contract of employment is not only unethical but also illegal irrespective of his status of employment.I remember to have read a judgment some 15 years back relating to the issue of removal of a personnel manager employed in a public sector undertaking on a very vague ground of inefficiency citing a particular clause of its service rules.The High Court struck down the particular rule as opposed to Public Policy and if I remember correct the Court observed further that at the age of 45 a dismissed personnel manager would not be able to get re-employment in a good company like the respondent.So, try to dispassionately weigh the various options suggested by Dinesh and take an appropriate decision beneficial to both the company and the individual.

From India, Salem
Dear Suresh,

My knowledge about I.T Industry and its work culture is very skin-deep.But, in my own observation and from my interaction with youngsters known to me, I find that though academically half-baked, some guys by their hard work and commitment, quickly acquire the skills required for the BPO Industry while on job and move up easily in the organizational ladder.But it is equally true that some people get somehow struck up in the middle of their career graph obviously because of their saturated mind-set and become a dead wood.Here arises the need for HR, I do firmly believe, to view such cases in psychological perspective and adopt a pro-active approach rather than weighing the various options of getting rid of them as mere dead wood.For example, the efficiency of heavy vehicle drivers gradually diminish with the advancement of their age.That's why the State Transport Corporations in TamilNadu implement the policy of promoting senior most drivers as Driving Instructors for the new recruits.It is beneficial for both the employer and the employee for it enhances redeployment and intensifies the sense of belongingnes.In the narrowest but inevitable sense, employment is a source of liveli-hood.If it is at stake, certainly it will have an adverse impact on the morale of the employees.Performance related issues always demand a cautious and calculated approach for an exhausted employee cannot be equated with that of a mere garbage.So, better motivate him to rise up to the standards of performance expected of him by proper counselling for no one can circumvent the natural process of aging and the problems associated with it.

From India, Salem
Yes; but he can’t seek redressal under the I.D Act for he is not a workman.
From India, Salem
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