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Hi sir,
I request your suggestion in the following case.
Two of our employees had an argument and they had used unparliamentary language. This happened in front of all the other employees and during working hours.
I request you to tell me what kind of letter to be given as per process?
Shall i give them a showcause notice letter and then a warning letter.
Few superiors are asking to give suspension letters.
Request your suggestion asap. please send me some formats
Thanks & Regards
parameshwar reddy.v
From India, Hyderabad
I request you to tell me what kind of letter to be given as per process? please send the some letter formats for this case
From India, Hyderabad
Yes, you can have disciplinary options to pursue against them including suspension to charge-sheeting them for their conduct.But I am of the view that managements shall not rush for extreme disciplinary.actions to deal with the conduct of an employee resulting from behavioral aberrations.There may be socio-economic,educational and familial reasons behind exhibiting such conduct by an employee. Because of these limitations, some may not be able to know the correct way of expressing their dissent or difference or their view over an issue.or they may not be adept in controlling anger when opposed by another..In many cases, the behavior is unintentional and is the result of fit of emotions.They may not be aware of the consequences of their conduct.There may be realization of their mistake or their disorderly conduct once they get back to their normal mental state The issue may be personal, not related to employment or the issue may be over differences in respect of the manner in doing a job.In my view, whatever may be the reasons, beahvioural misconduct requires more a clinical approach than a disciplinary approach unless they are deliberate, intimidating and is directed against the interests of the organisations. it is therefore, advisable to pursue a therapeutic approach to deal with the conduct of employees resulting from behavior that deviates from the normal standards of discipline.

My suggestion is to administer counselling in the first place. Call both the employees and bring to their notice their objectionable behavior and how it disturbed the smooth functioning of the office and if possible, explain them as to how to handle differences or disagreements and caution them in writing not to repeat them in future, failing which the management will take strict view of the matter.

Hope this helps

B.Saikumar

In-house HR & IR Advisor


From India, Mumbai
Dear Mr.Reddy,
First go through the entire case again , and also you have to see their past behavior in the organization. Than take appropriate action .
Regarding formats, all types of letter are available in citeHR itself , which will help you lots in drafting.
Thanks & Regards
Sweta.
HRM Executive.
From India, Mumbai
Analyse the (1) language they used (2) Whether in front of senior/top management.
(Answer yourself as Who? When? What? Where? How? and Why? - this is a basic formula in "IR".
Examine the accused employees past history and their experience(No. of years). If this is the first
incident, close the case by giving a suitable warning letter - with copy in their personal files.
If this is not the first incident, give show cause notice, followed by a Charge Sheet-cum-Suspension Order (min. one week).
If your factory is having more workforce and registered trade unions, it is better to constitute a Disciplinary Action committee
with participation from workforce AND/ OR Holde Domestic Enquiry by appointing an Enquiry Officer (a management personnel
with preferably legal back ground or even an advocate with experience in this field, and act acdording to the findings of
the Enquiry Officer.
Thanks.
R K Nair
From India, Aizawl
Hi Parameshwar,

Its really a bad concern..The worst point is that other employees had to suffer from bad language between two persons fight.This is non tolerable in any organization.

You should do one thing call an urgent meeting with seniors and both persons and ask the genuine reason of this fight and after discussing with them if it seems that they are feeling themselves guilty and want to rectify their mistake.Ask them to write an apology letter and paste it on notice board But if they seem with same approach and not feeling guilty then terminate them.

Also have a meeting with all employees and strictly convey them that this was the last mistake and show of indiscipline and another mistake by anyone in organization will lead to some serious action against the particular employee.If possible issue a corrective action policy in your organization mentioning all rules and penalities.This will help you in further.

Good Luck !!!

..............................

Lavika

Hr Executive

Rev Infotech Inc

attribution https://www.citehr.com/489244-wo-our...#ixzz2xau3i5Ic
From India, Mohali
Hi Parameshwar,
Members have given you a lot of good advice and food for thought to consider.
May I just add one more observation:
This incident must be dealt with, so that in future other employees do not think they can behave in the same way and get away with it. Therefore, I suggest, you put in place a " Respect and Dignity Policy ", clearly laying out consequences if breached. There is plenty of information available on the net to help you produce a bespoke policy.
I hope the above helps.
Regards,
Harsh
From United Kingdom, Barrow
Param
-Under Disciplinary action issue a show cause notice.
-Conduct enquiry. If the reason reflects official cause, then administer them a counselling benching the line superiors also counsel the line superiors for their failure for not addressing such
causes.
-else if personal reasons, first obtain an apology letter from both, subsequently issue a warning letter along with administer a counselling, since human error is much common also its a courtesy
too. Kindly avoid gearing up towards heavy penalty
From India, Chennai
After reading all the comments I hope you have an idea what is to be done.
I would say counseling is the best way. Talk to them and make them realize whatever has happened was incorrect and company will not encourage such behavior at all. I am sure they will understand.
You can give them the verbal warning so such behavior do not rub on others.
From India, Pune
I refer to Ms Monica's view . The suggested type of action will work in a small sized office set up. But in factories, where unionised labour
workforce is present in large numbers, this type of soft pedalling will not work. Strict disciplinary action is warranted after
holding domestic enquiry.
Thanks
R K Nair
From India, Aizawl
I had handled such situation in my office once.
I would suggest to talk to both of them one by one and try to know reasons behind their behavior. After that you talk to both of them jointly and warn them that such incidence will not be tolerated again simultaneously in consultation with your seniors issue them waning letter or show cause notice to restrict such incidence in future.
Terminating them is not a solution. They should be given one chance and others should also get a lesson from them that such things will not be tolerated in the office.
Regards
Sonali
From India, Mumbai
Dear Parameshwar,
After reading your suggestion , I have doubt as you said warning letter can put them in probation period i just want to know is this applicable for a permanent employee of the organisation, As per my knowledge probation will be in the intitial stage in first three or six months. please clear my doubt.
Thank you
Priya
From India, Kalpakkam
Priya -extention of probationary period due to warning letter is upto the discretion of company. -It is applicable to all Permanent/Temporary/Contract status employees
From India, Chennai
I have gone through the comments above. Some suggested reformative approach and others suggested retributive approach.Both approaches are correct in their own right depending on the merits of each case.However, we tend to see a riotous or disorderly conduct and an imperfect behavior that lacks some social decency or civility through the same prism of disciplinary action. If the conduct of an employee assumes hostile proportions as to intimidate and threaten the safety and security of the employees in general or his continuance is likely to threaten industrial peace in the organisation, then the case deserves the stricter option of disciplinary action including suspending the employee/s concerned.

However in the case of a bitter argument or even a quarrel between two colleagues and their conduct is confined to a loud exchange of few provocative remarks only between themselves over a personal matter or even over a matter related to their respective jobs but which is purely individual in nature, then it is advisable to go for reformation but not retribution since in many such cases,the employees forgive each other once they get back to their normal state of mind..The organisation too shall not act on the rush of blood as the employees do in friendly fire situations or bilateral conflicts.However if the employees are repeat offenders,then appropriate disciplinary action may be taken but give reformative approach a chance in deserving cases whether it is a manufacturing sector or service sector

B.Saikumar

In-house HR & IR Advisor


From India, Mumbai
Dear Mr Parameshwar Reddy.V

Your Post: "Two of our employees had an argument and they had used unparliamentary language. This happened in front of all the other employees and during working hours. I request you to tell me what kind of letter to be given as per process? Shall i give them a show-cause notice letter and then a warning letter. Few superiors are asking to give suspension letters.Request your suggestion asap. please send me some formats

Position: In case your Company / Establishment / Organization an Industrial Establishment covered under Industrial Employment (Standing Orders) Act 1946, you would certainly have your Co's Certified Standing Orders. The SO define Acts of Misconduct" and the Punishment Procedures. Just be guided by SO. Such acts as narrated briefly are deemed Grave/Serious Acts of Misconduct as they fall in the category of Indecent and riotous behavior at Workplace irrespective of cause or provocation. Since such act disrupt normalcy at Workplace and interrupt Work Performance they are serious and Suspension-Pending-Inquiry will be apt and not arbitrary act on Employer's Part.Only Point is the Date,Time of occurrence of the said Incident as Suspension-Pending Inquiry is ordered immediately after the Report of Incident and or as soon as the Preliminary Inquiry is completed to ascertain prima facie facts of the case

Issue a Charge-sheet or an Explanation Letter ( also commonly referred to as Show-Cause Notice) Immediately, seek the Replies, Order an Inquiry as per procedures and based on the Inquiry Report submitted by the Inquiry Officer take prescribed Disciplinary Action. Any short cuts does not help

Any such action worth taking is worth taking Well in time

Harsh K Sharan

Kritarth Consulting Pvt. Ltd

2.4.14, 9.45 pm


From India, Delhi
Hi Parameshwar

I completely echo with Saikumar. He has given a complete HR perspective to deal with the situation. I think it is the more matured way of dealing with the people in the question. It will be all the more important to handle the situation in such a way for you if these two people are your key talents. I want want to add my two cents here:

1. Counselling/ Discussion with the two people is must: You may involve their people manager (immediate supervisors), their functional heads and a senior person from HR in the discussion. In the discussion 4 things should clearly come out. One : Describing the incidents ; Two : How adversely it impacted others in the work area; Three: Talk about the Code of Conduct and the Culture of the Org ;and Four: Bring their attention to what clearly are the unacceptable behaviours and what consequences they would attract as per the code of the conduct of the company.

2. Check out if they are apologetic ( I'm sure they will ) and ask them for apology letters immediately.

3. Give them a warning letter highlighting the incident, the discussion you had with them (as in point #1 above) & quote their apology letters and say that you are taking a lenient view and restraining from taking any action against them and expect them not to repeat the similar behaviour again.

4. Ensure all the communications to go in their personal files.

5. And lastly, seek consensus from people managers and functional head that you would reduce their incentive to a small extent and help the people manager to talk about it while they distribute the incentive letters to them. ( if you have incentive payout system. Else decide if you can impact their increment basis the seriousness of their misconduct)

Hope this helps you with a detailed action agenda for you.

Regards

Nanda

Email:

Dear Parames,
Altercation using unacceptable language between 2 employees in the presence of others is definitely not acceptable. It can amount to misconduct. Follow the normal procedure of show-cause letter. Upon receiving their show-cause reply, you may proceed to either give them a warning or take more harsher punishment. This kind of behaviour cannot be left unpunished.
S. Ponusamy (Sam)
From Malaysia, Ipoh
Mr.Nand Kishore has well laid out a procedure for conducting the process of reformation through counselling etc.. Yes, as he said, they may be your key talents and cannot be dispensed with for what is a behavioural aberration but not otherwise threat to industrial relations or discipline It is important to involve their mangers/supervisors in the process as he pointed out.
B.Saikumar
In-House HR & IR Advisor
.
From India, Mumbai
Hi,
I suggest you should look at their past behavior as well. If there has been no such instances earlier and employees are above average performer as well then in that case, suspension letter will be too harsh. You can have a one to one discussion and sort out the issue.
Regards
Vineet
From India, Delhi
Hello
Firstly you have to make compromise in both of these employee so that this type of incident should not be happen in future.
Secondly you should give them a verbal warning and told them that if these type of incident happen in future than they should be terminate.
Regard
Anshul Dhiman
HR Executive
From India, Delhi
Hi all,
Legally what you can do is -
Suspend them forthwith to avoid disturbance to work process, in due time issue chargesheet and conduct enquiry to reveal truth what actually happened, because what you have heard may not be a complete truth. After getting the findings of the enquiry officer take decision as to what punishment would be appropriate for their respective misconducts, if at all proved. This procedure is mandatory under the Standing orders Act.
The other aspect to this is to create official record of what they might have done to get it handy if any of them repeats such conduct. If you don't create such past service record, the next time anyone commits such misconducts you cant legally consider their past record. This also affects moral of other good employees.
S.M. Paranjape, Labour Law Consultant, Pune
9850083760
From India, Pune
Hi Parameshwar
This is a serious misconduct . Issue show-cause notice to both of them as detailed below and call for explanation .
To
Sub: Show-cause Notice
It has been given to understand that you and have quarreled each other and used unparliamentary words in front of co- employee This has created disturbance to the contentment and or comfort of others at work.
This is a serious misconduct viz.,
“ Improper behavior , impertinence or insolence”
Show-cause , therefore in writing so as to why disciplinary action not to be taken against you , within 24 hours ,from the receipt of this letter for the above misconduct.
Considering the gravity of misconduct on which you are charged , you are suspended pending enquiry and final orders thereon.
For
Authorized Signatory
After taken explanation letter and on completion of suspension period you have to issue another letter while allowing them to resume for duty .
From India, Madras
Hi All,
Thanks to everyone for giving their valuable comments regarding this query. specially do agree with Mrugen Vyas, Sai and Nair, the suggestions given by them. this matter have to be looked from different aspects, need to follow everything as per disciplinary orders, proper cross-check in a thorough manner. no employee should be terminated or punished untill the root cause is identified.
Regards,
Kalpana Raghavaprasad
From India, Madras
if the matters is serious , call police. to avoid the small disputes becomes major.
From India, Mumbai
Hi Parameshwar,

Such matters of employees' conduct at workplaces should be spelt out in the Personnel Policy Manual of every organization. If it is not so in your case, then first discuss the matter with seniors and others concerned (functional heads ?). Once there is a consensus on how such matters should be dealt with, have it recorded in writing with consent / approval of all senior mgmt concerned. Then, you may ask them for their views on how this particular case should be treated, as no policy existed before this incident. Perhaps, being the first instance, you can issue a written warning to both abusive employees and observe their conduct for a period of time. Also, you should get their formal written apology for such inappropriate conduct addressed to all employees (for vitiating the work environment) and put it up on a Notice Board. Also, put the newly formulated policy on such matters (as discussed with and approved by Senior Mgmt earlier) on the Notice Board, so all employees are made aware of action they will face if such incidents are repeated.

There are various ways such matters are dealt with in organizations. In some cases, the HR takes the initiative to have HoDs of both abusive employees discuss it in a closed-door meeting, and then take necessary action agreeable to both and implemented by HR. In some cases, the line managers take suitable action against each of the abusive employees. But, occurrence of this very incident reflects poorly on HR for not having a policy on dealing with such issues. Hence, don't deal with this as a one-off case, but strengthen your policies along the way.

Regards,

Ramesh
From India, Pune
Hi All,
I want to know what is the rights of a women employee during suspension and what if Female employee has denied to work during unsafety situation.
From India, Nadiad
Reply Here Start New Discussion






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