'FRATERNITY' Where We Can Blacklist An Employee - CiteHR
Umakanthan53
Labour Law & Hr Consultant
Sogemar
Ir Manager
Riteshmaity
Labour Law Advocate
Driveme
Head-ir
Saurav Jana
Recruitment & Client Acquisition - Zeal
+2 Others

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Hi Members,
Greetings!
I know that there is a HR Fraternity where we can put up the names of the employees who can be blacklisted. This can be only based on unethical behavior and unprofessionalism. Is anyone aware about that group? Can you please confirm.
There is a employee who comes and goes from the office as he/she wishes. Takes adhoc leaves. Doesnt deliver the tasks based on the timeline. Not at all committed and focused. Have given verbal and written warning but to deaf ears.
Would like to terminate but we are dependent on him/her at present as it is on an urge of delivery and cant afford a new person to come in and take time. This that employee also very well know thus I feel is playing with us.
Dont want this to happen to any other employer and this employee also should learn to respect his/her role.
Can anyone of you please advise on this please.
Note - It is a software development firm
Awaiting a quick response.
Many Thanks!
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firstly you need to set thing right by terminating this person on urgent basis and post an ad on various professional platforms to hire replacement. secondly in company records maintain this employees data as terminated on the grounds on demonstrating of unethical behaviors' and integrity issues, so that in future if he ever applies for a new job in a new firm that background check will reach out to you/hr and accordingly the same can be shared with them and they can same themselves hiring wrong person .
Release him with termination letter.
You have stated that warning letter was issued.Why no action was taken in case of repeated "offences".
You can not arbitrarily terminate an employee, just because you failed to follow up on disciplinary procedure.
Follow proper procedure to terminate his services, then only you may post in that so and so's services have been terminated due to-----and he /she is no longer associated with-----
Thete is no such forum where you can blacklist an employee. For IT industry, there is a data base that NASSCOM maintains. Even if there is a database, an employer cannot just blacklist someone at their whims and fancies. It is your opinion versus the employee concerned. You cannot resort to vendetta. A person can be punished only once as per law. Termination is in itself a punishment. As Suresh Rathi has mentioned, conduct an enquiry and if the person is found guilty, then punish the person. Talking about blacklisting an employee on your whims and fancies reflects an unethicsl, unprofessional and vendetta filled mindset which is not healthy to grow as a professional.
Most companies alleging misconducts of their employees fear to conduct domestic enquiry as most of the time companies do not have much evidence about the alleged misconduct.
Number of misconducts committed by an employee is always lesser than number of violations of rules and regulations by the company, generally speaking though.
From the legal point of view, there is no validity of blacklisting anyone. If the employee wants, he may sue the company too. Apart from that an aggrieved employee can always blacklist a company too, if such blacklisting ever exists. As already pointed out, blacklisting cannot be done at your own whims.
If an employee has committed a misconduct, simply issue a charge sheet and conduct a domestic enquiry and punish him according to the report of the enquiry officer.
Blacklisting an employee can be unethical and the employee can file complaint in courts for compensation. Conduct domestic enquiry and if the employee agrees to your charges only then you can terminate the employee. There is already a blacklist on companies registry maintained at MCA for failure of statutory compliances.
I have not heard of any " HR Fraternity" facilitating black-listing of employees on the basis of unprofessionalism and unetheical behaviour. If it is really a HR Fraternity, it should provide equal space for black-listing employers too on such scores about which we have abundant threads in our citeHR. Moreover, aspects like professionalism, ethical behaviour and their opposites are purely subjective phenomena. If the behaviour of any employee is violative of the rules of discipline, the employer has the ultimate weapon of terminating his sevices after following the due process of law as suggested above by our learned friends. In addition you have got the back-ground verification process. Then why such extreme step like black-listing after termination? Will it not resemble "perdition"?
If a third party agency were to talk to your employee, this fellow would come up with various allegation of mis-demeanour that the employer has done. Please treat your employees not as "Resources", but as assets. Do keep in mind, this fellow that you are planning to kick out, will speak foul about you to all his connections.
If you are from hr,please read id act and industrial standing order. What is blacklist !!!!!!!!. In which enactment it is mentioned.
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