Umakanthan53
Labour Law & Hr Consultant
Gannahope
Deputy Commissioner Of Labour..a.p.
+1 Other

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Hello,
In our employee who work in our company as temporary worker, but company deduct his PF regularly, now his miss behavior management terminate him, then the employee take help Majdoor Sangh and appeal to rejoin to company.
Kindly suggest how i action in this type of case.
Regards,
Pooja Mishra.

Dear Puja,
The ultimate and the twin objective of punishing employees on the ground of indiscipline is reformation of the erring employees and the deterrence against such tendency in others. Therefore, punishment should be such that it should punish the misconduct only and not the individual. In other words, the nature of the punishment should be proportionate to the gravity of the charges proved.
Dismissal of an employee on disciplinary grounds, whether he is permanent or temporary, automatically becomes a stigma on his character and affects his employability in future. Since it is an economic death sentence affecting not only the individual but also his family, revocation or modification of such an extreme punishment is an issue based on the facts of every such case. For obvious reasons, your post lacks the complete facts of the case. Therefore, the pressure applied by the trade union alone can not be a consideration for reversal of a dismissal. At times, the unduly long period of temporary employment and the associated ill treatment meted out to such employees by supervisors/ middle level managers can be a reason for the negative behaviour of the individuals leading to unpleasant disciplinary action and the ultimate punishment of dismissal.
Therefore, let your management have an unbiased introspection of the entire episode leading to dismissal and come to a decision independent of the pressure applied by the individual through the trade union.

Yes pooja
Read thoroughly the gravity of the m8stake done by ur worker and be clear his behaviour attracts final punishment of removal...
Pls dont make fancy of removing employees ...try to correct with such punishments like transfer to risky workzones..
deducting salaries..increments...no promotion for certain times..etc
now come to your point..
reinstating on the pressure of a trade union does not look a good sign..
but think two points here..
1.no trade union suggests any fraud employee to re instate...unless there is a provision of his corrected behaviour..
2.Giving re employements shows reverification of your deeds..indirectly saying..
so discuss with trade union and take a written assurance from both parties ...the worker
and trade union not to repeat the same....then take enough time to present before disciplinery committy and management and re instate ..if there is a chance of attitudinal change in the worker ...fix some time on observation of his working behaviour..
fix all comforts on your side in future he does any severe mistake does not choose for any option to remove him again
All the best.pls

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