Removal Of Employee - CiteHR
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Adoni Suguresh
Sr.executive (per & Adm)
Ashutosh Thakre
Hr Professional
HR4NATION
Hr Consulting
Murly1208
Hr-executive

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HI, CAN ANY ONE HELP ME ON THIS!!!!!!!!!!!!!
I am working as an Hr-Executive in one bpo company. We would like to terminate one employee on the ground. Due to his attitude and conduct. Is it possible? If I did that, may I have to face any legal issue? That employee is working in the company since more that one year...
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Dear Anonymous,
Termination due to Attitude and misconduct is very subjective matter. But anyways if you are convinced that he needs to be terminated, then first let us know if you have followed the warning process:-
1. Was a verbal warning given and the same recorded?
2. Was a written warning given and then asked him to clarify his position on the same?
3. Was the final warning given and the employee asked to clarify his position on the same?
Termination just because one feels that the employee has an attitude is not justifiable. You will have to follow the process. Nowadays a employee from the BPO may not go for legal action, but if he does and you have nothing that can prove your process, then you are in a soup.
Try conuceling and if that does not work then follow the termination process.
You cannot terminate him one fine day as you feel he has an attitude.
Regards,
Ashutosh Thakre
Thank you very much Ashutosh Thakre............. for your great reply. Termination is not my decision. It's management decision. In my company, nearly four to five was terminated like that. For getting Clarification on that I raised this................ Thank you very much....
Sir(s),
1. It is easy to recruit any employee, but it is difficult to terminate his services. Besides, what is mentioned in the appointment letter and terms and conditions of such employment, the law required that while terminating the services of any employee, the principles of natural justice must be followed.
2. I think, as a HR you must have throuogh knowledge of Principles of Natural Justice. If the terminated employee probes in the hon'ble Labour Court that the principles of natural justice were not followed, the said employee is bound to be re-instated with back wages.
Yes you are very correct Mr. Harsh Kumar Mehta. I appreciate your reply........... I am also an employee. I can understand. In present position of mine, nothing is in my hand. every thing is decided by the management and by the Project manager. I am working here just like a machine. what ever they ordered I have to follow. In case if they terminated me, I need to come out. More over the problem is, the decision party is not disclosing the reasons with me also. Why I am asking is, if any employee go with law, I will be in great trouble.... right.... More over I supposed to come out of this as soon as early
Any way Thank you very much
Sir,
1. Officers/employees working in HR department of a unit are also employees subjected to the control of the management. However, in case you feel that any decision of the management is not as per established rules/terms and conditions of employment, you may be well in your jurisdiction, in my opinion, to suggest to the management the right course in any given situation. In case, however, management proceeds further ignoring your opinion, I hope they cannot blame you in the long run, if there is court case.
2. The terminated employee will file the case or claim in the appropriate court against the "principal employer" and not against any HR by name. However, your views "to come out" as soon as possible will be more better.
Hi...........

If an employee is not working sincerely and hard for the befit of the company and then you have to proove his inability in discharging his duties. You said dueto conduct or misbehaviour. What about his output towards his duties and responsibilities. For every problem there is solution in the Industrial Disputes Act, 1947.

In this case I suggest you can initiate a domestic enquiry in to his alleged misconduct. If you have your own Certified Standing Orders of the Company, you can go according to that. If not please you can follow the Model Standing Orders. First you can take a complaint against him by his superiors or his HOD. Then you can issue the Show Cause notice asking for his explanation why disciplinary action should not be taken against his alleged misconduct. Next step is to issue the charge sheet based on the complaint. There are several clauses are there in the Model Standing Order, which will tantamount to constitute to his misconduct and ask him to submit his explanation letter in writing within 48 hours on rec eipt of charge sheet. On receipt of his explanation you can order for domestic enquiry by appointing a Enquiry Officer among your senior executive except Appointing authority. You can conduct the enquiry fairly on the principle of natural justice. Both parties should be given sufficient opportunity by giving cross examinations of the witnesses. On receipt of findings from the enquiry Officer, you can decide the punishment.

Before terminating you should give me a chance to submit his explanation inwriting against proposed punishment. .

If you follow this procedures, even delinquent approach to the Labour department or Labour court, he will not succeed. But before punishing him you have to follow the procedures under Misconduct.

Adoni Suguresh

Sr.Executive (Pers, Admin & Ind.Rels) Rts

Labour Laws Consultant
Bad attitude is not a valid reason and cannot be justified in court.
Mis-conduct is a valid reason. But the employee need to be given a memo / notice and his explanation need to be heard. If the management is not convinced, only then he / she can be terminated.
Important point to be noted is that, nature of Mis-conduct also need to be taken into account. Coming late to Office is mis-conduct, Taking frequent leave without approval is mis-conduct, but an employee cannot be terminated for these. He can only be served a warning in the first place.
On the other hand, Harassment, Misappropriation of cash, company's assets, Mis-representing company with clients, vendors and outsiders, Creating ruckus in the office premises, Using abusive languages against employers, bosses, peers inside office are serious charges and are sufficient grounds for termination, but company these charges need to be proved or the company must have very strong evidence
I think the most appropriate way to do is give warning. You should give warning first, then second and on the third terminate him. A paper or letter or perhaps online will do.
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