Dinesh Divekar
Business Mentor, Consultant And Trainer
Srinath Sai Ram
Hr Manager
Nagarkar Vinayak L
Hr-consultant
Riteshmaity
Labour Law Advocate
+1 Other

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One employee's performance is not satisfactory to management. He is DGM HR post. His behaviour is bad, He misuses Transport, Scarp money So i need warning letter first before his termination so please send letter draft.
Dear Barani,
Whenever any employees strays from the path of discipline, it is HR that steps in and restores discipline. In your case it is DGM HR who is engaged in misconduct. In that case this is nothing but fence eating the crop!
Before issue of warning letter or termination, you need to conduct domestic enquiry. Misuse of transport facility or scrap money are serious offences and cannot be just handled by issue of warning letter.
Please note that the said individual is from HR. Though many amongst HR do not know about procedure to handle employee misconduct, he might know. He might not know the complete procedure but could be smart enough to find out the loopholes in the procedure. Therefore, in this case, you need to exercise great caution in order to avoid him turning tables against you!
Thanks,
Dinesh Divekar

Dear Barani,
Mr.Divekar is very right. Unless you follow proper procedure it may boomerang on you.
First step is that you must have irrefutable proof of misdeeds.
Then go for domestic enquiry.
You will find plenty of material as how to go about the enquiry on this site itself.
Just insure that proper procedure is followed.
I am quite sure that when the person comes to know that you have adequate proof,he will come forward and offer to resign.In case that happens , take in writing from him about offences committed and terminate his services.
Another point is that in that scenario , he will not be eligible for any gratuity, in case your organisation has provision of giving same to him.
Best of luck

I am not entirely with the views expressed . If there is clinching evidence of the misconducts by a person at the level of DGM-HR , just terminate his service forthwith. No need to hold any enquiry.
Regards
VL.Nagarkar
HR-CONSULTANT

Depending on the nature/ gravity of misconduct and existing evidence you may terminate the DGM (Assuming that he will not fall within the category of 'workman' under the ID Act) directly without holding domestic enquiry. But as an abundant caution, it is always advisable to conduct a domestic enquiry before taking an action against an employee.
Dear Mr VL Nagarkar,

If the company has incontrovertible evidence for corruption or misuse/abuse of this authority then the company can terminate the DGM even without conducting the domestic enquiry. Nevertheless, going beyond law, let us look from the management science perspective.

Employee could file a suit even if the domestic enquiry was conducted. Nevertheless, if the enquiry was free and fair, then courts generally do not intervene and dismiss the petition. If the enquiry is not conducted then company has to prove the compelling reasons for termination even without the enquiry. What if the lawyer fails to convince the judge on merits of doing so? Court judgements also depend on the forcefulness with which the lawyers plead their cases. Lack of proper argument has risk of setting aside termination with payment of back wages.

Conducting the domestic enquiry is a great tool of time management. Yes, enquiry in itself is time consuming however, it acts as deterrence to the aggrieved employee in going for litigation. Not all lawyers takes the cases what comes to them. They also examine the merits of the case. Therefore, conducting domestic enquiry helps companies in avoiding time spent in litigation and payment of fees to the lawyer. Even if the case comes for hearing, it helps in early disposal and avoids time and money spent in the lengthy hearings.

By conducting the domestic enquiry, management sends a signal to the one and all that the environment justice prevails in the company. A culture of fairness and justice motivates the employees.

The lone terrorist who survived in 26/11 attack in Mumbai was prosecuted and the court case went on for years. Material evidence of all sorts was available against him. Yet our courts gave him patient hearing and he was awarded punishment after lot of deliberations. Time spent in such case apart, India earned esteem from other democratic countries for upholding the principles of natural justice.

Thanks,

Dinesh Divekar

First refer to the "Service Rules" applicable to DGM-HR.He does not come under the Definition of "Employee" as per Sec 2(S) of Industrial Disputes Act, 1947
Issue Charge Sheet/Show cause Notice levelling Charges of Misconduct/Misappropriation.Give sufficient time to give his explanation.Based on his Explanation & preliminary Enquiry initiate appropriate further course of action.
you can also explore action based on his appointment Letter Termination Clause

Mr Divakar,
Your comments in first para are no different from mine. Other part of your learned observations deal with post termination scenario.
In my view, when you have clear evidence against DGM-HR, who is very likely non- workman , no need to conduct domestic enquiry.He can be confronted with the facts of misconducts in an informal meeting . If he accepts give him fair chance to resign or terminate him.
Regards
V.L.Nagarkar

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