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Regards - kamesh
18th October 2014 From India, Hyderabad
first you should understand the reason why your boss is instructed this ? , go through the reason and address it to existing employees .
when I was at your place : my internal and official information was flowing out and ex employees ware telling that they knows every thing what is going in the office .
then I have addressed it through mail - saying that any official information should not share with ex employees . but still we can not put lock to their mouths after office hours closer .
people should think practically and should use minimum common sense on what to share , what no to share .
18th October 2014 From India, Bangalore
It is likely that some staff members will still be friends with terminated employees. You cannot tell people who they can, and cannot have as friends. Last time I looked, India was still a democracy, and it's people still have basic freedoms.
Divulging internal business, and official information is a different matter, and that is surely addressed in your Conditions of Employment, along with the penalties for transgression. If it isn't, then fix that problem FIRST.
Why were the employees terminated? If there is bad blood, and/or they are now working for competitors, then extra vigilance may be required.
19th October 2014 From Australia, Melbourne
Your Query: Dear All, Please let me have your expert views and solution for the following case: My boss wants me to aware existing
employees for not having a contact with ex employees ( especially those who are terminated ). I want to write a formal mail to
circulate but i am confused what language should i use or the professional way to do this. Pls help me out. Thanks"
Position: " Free Speech " is a Fundamental Right of India Citizens which is enforceable by Law. Any infringement will land your
Establishment and the Person restraining Free Speech in to Legal Trouble.
The Employees are governed by either the Standing Orders or the Services Rules framed by their respective Industrial and
or Commercial or Govt. Establishment. Your Employees in question are also covered by the Orders/the Rules. You may initiate
Disciplinary Action as per the SO or Service Rules of your Establishment which definitely has Clause /Provision for "Breach of
Secrecy"; Dereliction of Duty; Acting against Company's Business Interest; and similar other Acts of Misconduct.
Taking Disciplinary Action within the "Framework of Law" is also the Meaning of "Rule of Law". Arbitrary Action will prove
Kritarth Consulting Pvt Ltd
Employee Relations Team
Kritarth Consulting Private Limited
19th Oct 2014
19th October 2014 From India, Delhi
There is no permanent preventive solution to the problem to restrain the staff from keeping contact with ex/terminated staff. In private sector an employee is expected to be loyal and faithful to the company during the performance of duties in official hours as well as in her/his conduct outside office premises beyond duty hours. An employee after office hours enjoys the status of a citizen and fundamental rights guaranteed under the Constitution of India. Therefore any company can not curtail the fundamental rights of a citizen, nonetheless it is justified for a company to expect loyalty and faithfulness from its employees as stated in the beginning.
So far a draft is concerned I am suggesting the following draft that can be sent to employees to caution them not to do anything that may harm the reputation and business interests of the company.
Attention of all the employees of this company is drawn to the conditions of service that they have to discharge their duties in the interest of the Company and do nothing which may harm the reputation or business interests of the Company. All employees are expected to observe disciplined conduct at the work place and also maintain the good image of the Company in public life beyond office hours. It has been decided by the Management that an act of keeping contact with ex employees terminated due to misconduct will amount to indiscipline. Any such act coming to the knowledge of Management will be viewed seriously and appropriate disciplinary action would be taken.
All concerned are accordingly advised to note these directions for adequate compliance.
I hope the above draft will be found suitable by your Management. Get it approved from your superiors before issue.
With good wishes,
C.M. Lal Srivastava
20th October 2014 From India, New Delhi
I think your suggested draft is PREMATURE.
You have presumed that the prohibition is ONLY w.r.t. interaction with terminated employees, while Payal mentioned it applies to all ex-employees.
First, pl give the details of :
1] the reason(s) for your boss's instruction
2] the general work culture/environment--which would in a way explain the unsaid story of the diktat.
All said, pl note that such a written note would indict YOUR BOSS if anyone wants to go legal or even to the media--this surely is against the Fundamental Right to Free Speech constitutionally. Is your boss ready for such a possible scenario & the consequences thereof?
One more aspect that your or your boss/Company will find it tough is the implementation part--like other members pointed out [you just can't police anyone out-of-office]. Ask your boss to find OTHER ways to control the situation rather than give some sort of a generalized diktat.
A better way COULD be to highlight any specific instance/occasion that is the cause for such a step--IF the Company has the evidence--and send a mail w.r.t THAT situation with a warning/alert about any repeats by any employee.
20th October 2014 From India, Hyderabad
I really respect the view of members expressed on this particular post where several dos and don\'ts have been expressed. Although these are worth considering, however I simultaneously seek permission of my senior members to draw your worthy attention to one of the quotes of William Shakespeare which reads as under:
\"OUR DOUBTS ARE TRAITORS AND MAKE US LOOSE THE GOOD WE OFT MIGHT WIN, BY FEARING TO ATTEMPT.\"
My good wishes to the Enterpreneur to go ahead to achieve the goal as I am convinced my draft is well guarded.
C.M. Lal Srivastava
21st October 2014 From India, New Delhi
What can be done internally is that every employee signs a non disclosure agreement and that is filed away in the personal file of the employee. It is eventually a developmental issue and takes years to build awareness on why company matters cannot be divulged to those who do not work there. One has to encourage a spirit of belonging for an employee to come to that stage. It may be tough but it is not something that cannot be brought down to a negligible level. The Employees need to realize that they still are working in the organization because trust has been placed on the employee. It also needs to be indirectly emphasized that there is a reason why the employee is still working and why another has left.
I keep saying 'indirectly' because it is more to deal with attitude change than just send out a circular telling of dire consequences.
Hope this helps give you a different perspective on tacking the problem long term.
Regards and I wish you the best.
21st October 2014 From Nigeria, Lagos
I am no HR or legal expert. However, I read your following statement with a bit of apprehension and concern.
"All employees are expected to observe disciplined conduct at the work place and also maintain the good image of the Company in public life beyond office hours. It has been decided by the Management that an act of keeping contact with ex employees terminated due to misconduct will amount to indiscipline. Any such act coming to the knowledge of Management will be viewed seriously and appropriate disciplinary action would be taken."
Let me put a hypothetical case and see what you and others think. Suppose one of a worker's relation (Say a cousin or an in-law) was working in the same firm, should the worker not have any contact? Had you said "Disclosing company information...", it might have been a different case.
21st October 2014 From United Kingdom
and all members/readers
With reference to query of NASHBRAMHALL I with all humility and due regard to everyone\'s acumen, wish to suggest my view point that \"the draft posted by me is a safeguard against the ex employees who were terminated for misconduct.\" Exceptions are always there and will always be there, that is why law is a matter of continuous review and amendment. My suggested draft is a matter to be considered with a positive spirit and make changes according to your requirement. If Members feel there is any defect, I would pray for an amended draft that can be shared on citehr.
With due respect and in all humility,
22nd October 2014 From India, New Delhi
23rd October 2014 From India, Delhi
Generally, the employers do not want to see that their existing employees should not have any touch with their ex-employees very particularly whose services are terminated on disciplinary ground. In their opinion that these ex-employees may likely to spoil good environment of their office by polluting the minds of existing employees. In my opinion, these type of thinking or apprehensions on part of the employers is ridiculous and cannot said to be good for any one. Why because, now a days we cannot resist or insist any person from passing the information from one place to another or from one person to another as the means of communication may be in different forms. Mail, cell and phone etc.
Every organization is having its own service rules or standing orders covering the subject under reference and acts of misconduct might have been clearly defined. If any employee who is alleged to have committed any misconduct could be punished by invoking relevant service rule or standing order as the case may be.Mere getting touch with ex-employee by existing employee cannot be termed as bad until and unless such interaction or sharing of views found to be detrimental to the interest of employers business.So this kind of circular could not be issued and it likely to be leads to further complications
24th October 2014 From India, Hyderabad
With due respect and apology to all I may take an opportunity in all humility to prayerfully express that opinions have been expressed with lots of qualifying words and phrases, but the soul and spirit of the matter remains untouched and no modified draft posted as requested. It is also to note that the member, Ms Payal, who started the discussion, has not given any feedback.
In view of the present position I wish to place a full stop for myself in the matter with my sincere thanks to all counterpart members and seniors who have posted good views and given a guiding principle to take action under the prevailing disciplinary rules.
26th October 2014 From India, New Delhi
26th October 2014 From India, Delhi