If the employee has not corrected his behaviour in spite of giving him memo twice then now you need to escalate the level of negative discipline. However, do not reach to the last option of termination. Impose penalty on him twice. If he still does not improve his behaviour then you may go ahead and terminate him. However, before termination, it is better to conduct domestic enquiry.
One strikingly odd punishment is to transfer him to unrelated department like security. Do not give him access to mobile or computer. He might become fed up and put in his papers on his own. Therefore, no need to impose further punishment or get into termination. This may seem unconscionable, but sometimes we have to take such tough steps.
Thinking from HRM Point of view: - If employee gets time to browse through the social media then it appears that he has sufficient time at his disposal. Have you monitored his performance targets? What is the level of his performance? Is browsing social media impacting his performance? If yes, then you may terminate on the grounds of poor performance also.
In many IT companies, employees are given complete freedom to access internet. Even though they are free from restraints, employees are so laden with the work that they just do not get time to browse the internet. Therefore, you may check this performance angle also.
Monitoring the work very closely was done in the erstwhile era. Rather than monitoring the activities in which employees spend their time, in today's era, companies monitor their performance. To improve performance, employees are well-motivated. Motivation also comes with career plan. Have you designed proper career plan of the employee?
From India, Bangalore
There is no need to reach an decision of Termination, as if the issue is accessing Social Sites then you can restrict his access to those sites on office PC and if it is related to use of social site on mobile then you can ask him to deposit his mobile with security during office hours. This may resolve your problem and need not to terminate an employee.
While any act Unworthy of Employment amounts to Misconduct, it is expedient for theEmployer/Punishing Authority to opt for Proportionate Punishment as part of Disciplinary Action. Accordingly, please follow the Principles of Natural Justice before awarding the Punishment of Termination of Employment and, instead proceed step-by-step as suggested below:
i) Frame Charges/allegations of Misconduct sufficiently precisely mentioning therein the Date/s, Time Peruod, Place/s and the Act/s of Misconduct / occurence/incidences noticed/reported and issue a proper Charge-Sheet or Explanantion Letter, as the case may be and seek and secure the Reply/Exolanantion;
ii) Consider the Reply/ Explanantion submitted in defense and if found Unsatisfactory, proceed with appointing an Inquiry Officer or Inqiry Committee, Nominate a Management Representative to ptresent Management's Case during the Inquiry Proceedings;
iii) The concerned Employee be give all reasonable opportunitites to defend his/her action during the Inquiry Proceedings; and
iv) Once theInquiry Report with the Findings is received / submitted, the PunishingAuthority shall be weel within her/his Rights/Prerogative to decide about the Quantum of Punishment to be awarded,keeping in view the seriousness of the Misconduct under referencer.
It is well worth to remember that the Objective of Disciplinary Action is Correction.
From India, Delhi