Query
Can we terminate an employee due to suicide attempt? and give 30 days salary which is decided in joining latter.
We have already given written complaint to nearest police station.

10th November 2017 From India, Bhopal

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Umakanthan53
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SPKR
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Transformify
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Dear Information-Seeker,

Any Act Unworthy of Employment constitute an Act of Misconduct when committed at Workplace Premises and calls for Disciplinary Action, in accordance with the Provisions of the Standing Orders or theServiceRules, as the case may be in addition to and besides other Action-Steps as your Establishment has already initiated.

Hence, disciplinary action need to to be initiated before resorting to Punishment.

Harsh,

10.11.17
10th November 2017 From India, Delhi
We have taken discipline action against him but management clearly said that the employee need to be terminate immediately basis.
10th November 2017 From India, Bhopal
Hello Sir,
As you have mentioned that it becomes necessary to terminate him or else the case may turns down the worst. Before that important role of an HR is to enquire. what has led him to take such dangerous step?
if he has faced any disturbing situation which was directly or indirectly related to the employment. Whether he is going through personal problems. A person will take this step only if he is in any kind of trauma.
Once the management is clear with the exact scenario they can execute the correct procedure.
10th November 2017 From India, undefined
Dear Ravi,
Any attempt to suicide is an indication of a disturbed or diseased state of mind beyond any consolation. In such a case that unfortunate person deserves sympathy, counselling and appropriate treatment and not any punishment for his failure to die by suicide. That's why the Union Government finally decided to scrap sec.309 of Indian Penal Code which criminalizes " attempt to commit suicide". That apart when and where the employee tried to commit the attempt is a pertinent issue. Over and above, the reason, if any cited in the suicide note or revealed by him during interrogation after the unsuccessful attempt pertains to his employment directly or indirectly is also a serious matter to be investigated into as it can affect the reputation of the organization wherein he is employed. If the attempt was made by him out of the zone of his employment for any other personal reasons, I don't think that the employer can indulge in excessive moral policing and punish the already shattered person with any kind of termination of his employment. In case, if he attempts suicide again on this reason and is unfortunately successful this time,the Management would be held liable u/s 306 and punished for abetment. Advise your Management to tread cautiously in such matters.
10th November 2017 From India, Salem
Dear friend,

Termination can be done within the limit and scope of law. You could have gone with the decission of termination under the ambit of appoinment letter. But the case you cited is different as this is due to misconduct. Therefore, termination can be done after having proper procedure of ID Act. You need to frame charges and inquiry into the matter of misconduct(suicide) under the provision of the Standing Orders or the Service Rules of your establishment. Since you have initiated action and go by this. If the termination is challenged before authority at that point of time these fundamental points would be raised, that procedure not followed.

Regards
12th November 2017 From India, Mumbai
Anonymous 
You can call up the employee and have to find the root cause with HR head whether its related to employment or personal issue. Post which you can take disciplinary action. But termination is not the exact thing that a company can do with no proper investigation.

As you have updated that filed a police case, so you will get the exact reason for the solution from them too on this case.
13th November 2017 From India, Hyderabad
A Suicide Attempt is not necessarily treated as a misconduct. It is likely that the employee's lawyers respond claiming that the working conditions have led the employee to commit a suicide attempt.
15th November 2017 From Bulgaria, Sofia
SPKR 30
Termination is an action taken against an erring employee. Is there any provision to consider "attempt to suicide" as a misconduct in standing order or any other service rules? According to Ravi Khandelwal, it is an attempt to suicide. Then the question arises Why?, is it for frustration in the work place or for domestic problems ? not known. Under this situation, it is better to counsel him or advise his family members to take care. The issue may have to be dealt in sympathetic manner. Termination is not correct or right medicine. Because of his mental disorder or weakness,he had developed suicidal tendency. He needs counselling from the psychologist. Let the management help him to come out of his inner crisis and not to punish him.
15th November 2017 From India, Bangalore
An attempt to sucide needs to be informed to the police and if there is an FIR recoreded with the person involved in the incident, attempt sucide is a criminal offence, you can suspend the employee pending clearance from the police for the crime.
If the attempt to sucide in a prima face investigation leads to issues pertaining to personal (family dispute, love, debt, depression etc) which is not related to work or reporting officer etc bringing disrepute to the organisation and disturbing work culture, you may dismiss the person under acting in a manner bringing disrepute to the organisation.
17th November 2017 From India, Hyderabad
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