Psdhingra
Legal Analyst, Hrm
Stephen_7
Senior Officer - Hr
Cite Contribution
Community Manager
+1 Other

Thread Started by #Anonymous

Dear Seniors, We need help if a company can Terminate an employee if found misbehaving / indiscipline during notice period. If yes what are the procedures to be followed. thanks and regards JD
13th May 2016 From India, Mumbai
You have to issue showcause notice (provide an opportunity to given an explanation for the said misconduct) and get the reply from him. If the reply is not satisfactory, you have to conduct an enquiry. Based on the enquiry officer's findings, send second showcause notice to him, get a reply and if the reply is not satisfactory, you can terminate him.
If you terminate a workmen without following the above procedure, you will be forced to face legal hurdles. As a Industrial tribunal in Chennai recently said that the IT employee is also a workman under Industrial Disputes act.
14th May 2016 From India, Chennai
#Anonymous
Dear Sir,
Thanks for the advise. We shall follow the show case notice procedure. But I hope it is not illegal to issue notices or termination letter to employee under notice period.
thanks and regards
14th May 2016 From India, Mumbai
If the offence is serious enough and needs to be tackled,then issue show cause notice and based on reply and supporting evidence take action-including termination.
There is no bar to terminate an employee already on notice period,provided evidence is there and matter is serious enough to merit termination or dismissal.
One should be very certain of the seriousness of the offence before resorting to termination.
14th May 2016 From India, Pune
Not advisable, when the employee himself has proposed to leave! You will be inviting legal problem for the company, as his case would be more strong than the that of company, as that can very easily be assumed that the company wan inclined to deny his terminal dues, if any justified.
15th May 2016 From India, Delhi
The employee have already resigned . Hence you can expedite the release. As Nath Rao and Stephen have mentioned, any disciplinary measure will need enough reasons to support that.
Remain fair and just. Keep the trail focussed only on the corrective measures.
Wish you all the best!
15th May 2016 From India, Mumbai
#Anonymous
Dear All,
The employee was advised to do Rand D and procure results for a new project in software. The company pulled him for not sharing enough data findings with management, under which he put his resignation. Now we found out that he was trying to transfer data out of office, we do have some proofs for it. Is it serious that we can terminate him and stop his dues?
We do not want to fall into legal complication.
In future can we create some separate bond with employees to safe guard company confidential data? As of now we have the same mentioned in the appointment letter.
thanks and regards JD
16th May 2016 From India, Mumbai
The employee has taken advantage of lack of specific NDA and apparently transferred data.
I presume you have digital evidence of such transfer and can be proved as done by the employee.
Whatever details you written in last post may not be sufficient to sustain charge of stealing/transferring data
Best course is let him go if it becomes legal battle,you need specific data trail,and cyber trail to get him punished.
Pay him his FnF and close the matter but draw lessons from this.
16th May 2016 From India, Pune
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17th May 2016 From India, Bhubaneswar
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