Hello Neeta,
Before sacking any employee, for whatso ever the reason may be--
DOMESTIC ENQUIRY should be conducted where the victim gets an opportunity to be heard.after the enquiry the management will give the final say(award him/her).
This is what the principle of Natural Justice says.
Because sacking an employee is not a child's play. we must see the consecqunces of expeling an employee. He might go to labour Courts & tribunals to get JUSTICE. so in that case you need to have ample proofs & grounds to hold your stance.
Then you start thinking of your Company's Image & GOOD-Will.
I will always suggest to - ask the employee to tender Resignation, where neither party will be at risk .
Or else dear Neeta, it's my sincere request to conduct a Domestic Enquiry before ariving to any final decision.
Regards,
Archana

From India, Pune
Well you can terminate subject to the terms and conditions in the appointment letter. With having sufficient witness/written proofs you can terminate him giving him one month pay in lieu of notice.
regards
nktiwari

From United States, Cambridge
As far as this case is concerned, the appointment letter is a ready reference and definitely there will a para mentioned the terms and conditions. So you can go as per that.
Ofcourse, you can dismiss him without mentioning any reason for such a unethical practice.
But normally companies ask for voluntary resignation from the particular employee keeping in view his long service.
For any such a action, you have to have authentic proof and evidance.
Thanks
sampathkumar

From India, New Delhi
Hi,
It depends upon the clause written in Appointment Letter. If it is written he can be terminated but as per Labour Laws one month Notice or one month salary has to be given.
But if it is written i Appointment letter you may.
Thanks and Regards
Sreejith

From India, New Delhi
Such sacking can happen if it is included as a termination clause in the offer letter or in the benefits manual which is openly circulated. However enough written evidence needs to be collected to prove that the findings were of such a nature that could lead to immediate termination irrespective of the grade. There can also be a factor where the employee was given a chance to put his defence and this has been adequatly recorded and signed failing which the sacked employee can approach court pleading that he/she was not allowed a defence.
From United Kingdom, Belfast
Hi, It is not required for the HR or management to give notice period to the employee who went against the company. Thans Pallavi.
From India, Mumbai
I fully agree with the views of Archana. No employee can be sacked without inquiry & following the disciplinary proceeding against him/her. A notice should be given to the concerned person setting out the misconduct asking him to reply within a specified period (maybe one week).
Once he submits his defence, conduct in person enquiry, record the proceeding of the enquiry in writing, sign the proceeding (both you & the employee concerned) & then only send your recommendation in writing to the management for his/ her dismissal clearly stating the grounds of dismissal.
Adopting this procedure will help you a lot if the dismissed person goes to court. If the procedure is proper, the courts will look into the merits of the case. If the procedure is improper, then the court will set aside the dismissal order without even going into the merits of the case.
Sachin Jayaswal


Usually, there is a provision for pay in lieu of notice from either side. Since his continuation in the company is undesirable, notice pay may br given in lieu of the notice of one month. Ashok
From India, Bhubaneswar
In such a case if the sacked employee was in a service agreement
with the company then can the company claim the bond amount
as you know all the employment bonds are one sided i.e always the employee has to pay .
here the company is asking the employee to leave so can the company claim for the bond amount .
Please reply its urgent

From India, Hyderabad
I think so . and the management need not state any reason for sacking. its written in the 'ORDER' u receive.
From India, Hyderabad

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