Umakanthan53
Labour Law & Hr Consultant
KK!HR
Management Consultancy
Nagarkar Vinayak L
Hr And Employee Relations Consultant
Vimalg
Manager-hr
Nathrao
Insolvency N Gst Professional
Aks17
Compliance Manager
+1 Other

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There is an employee in the organization, basically he belong from our sales team. He is not following his seniors and not coming for the meeting at pre decided place. He has repeat this activity more then two times. In this situation as a HR manager what type of disciplinary action should be taken.
If there is a serious issue with the employee : Send email warning Meet up with the employee Take appropriate action based on the discussion
Has the Sales Manager complained?
What is the evidence HR has got regarding late coming etc?
Once complaint is given by concerned HOD then HR can initiate action -like giving show cause notice and ask for reply.
Domestic enquiry can be conducted etc.

Before venturing into action, I would request for heart to heart talk with the employee. I remember the lesson I learnt way back in early 80's. We had recruited a telex operator for the marketing unit (No e-mail, scan, fax or sms/whatsup those days) who had to type messages running to several pages. The fellow was very good, very efficient and very well behaved. After about six months he started showing indifference and in a couple of months he became indisciplined, disrespectful and slightly abusive towards one and all. Conclusions were reached that he is to be thrown out. It was at this time the matter was referred to HR for taking action. When he was called he vented out his anger and frustration. Since he was in the department of international marketing there used to telex going/coming always and he was glued to his seat most of the time in a small cabin with only walls to stare. He often had to sit late also. He became so frustrated with his isolation and it found expression in the behaviour. There was a typist available who did not have enough work load and posting her in the telex department solved all the problems and frustration. Soon the office became a better place.
Though action could be taken as per Rules including disciplinary action, but I think an attempt should be made to understand the real issues and take corrective action.

KKHR,
Point I wanted to get clarified is whether HR can initiate any disciplinary action suo moto without complaint from concerned department about his professional failures and professional misconduct.

Shri NathRao Sir, The general notion is that HR initiates action based on the line manager's intimation, but where HR comes to know of certain indicipline, then HR has to take the initiative and start the action. Departments show reluctance and even justify no action when such behaviour is reported from other than their work area. Say some altercation at the gate or when misbehaviour occurs at HR or Finance Department or at the canteen the usual target areas of a frustrated employee.
If an altercation takes place at the gate or canteen,HR can take action based on reports given to them about the incident or ivestigate and find out facts.
But a professional breach which only concerned department is aware can HR su moto interfere and start action.
My point is where will evidence come from?

Hi
Since this is not a favourable situation, it is better to wait for the Sales Team to complain before taking any pro-active role which you may regret later. Who knows he might even informed someone in the team for not turning up or has issues etc. Be calm and composed and get on with the show unless you have a potential issue on hand. You may even be questioned if start initiating any action on your own, which is best avoided. Also who has reported to you that he is not attending the meeting at the scheduled place for the past two times and what else did he state? Is he someone who manages the sales or just another team member? Check out in detail before trying to send any email.
Regards

Dear Mr.KK!HR,
The question raised by Mr.Rao is not that whether a HR Manager can initiate any suo moto disciplinary action. What Mr.Rao means by complaint is not a mere allegation but a specific report from the functional head with a request to initiate D.P.

Dear colleague,
Before proceeding to reprimand for what may apparently be regarded as minor aberration, it would be prudent step to find out what is making him to behave in this manner. It could be expression of some deep grouse nurtured against the superior which needs to be ruled out. If there is some legitimacy for holding that grouse then focus will shift on corrective actions on the part of the superior.
The emphasis and approach in such matters should be on finding root cause and also on what and why something went wrong rather than on who is wrong.
Above notwithstanding, if the investigation points out to the unacceptable behavior of the sales person is entirely due to him, he should be counselled and cautioned to refrain from it, if it the first time .
Any disciplinary action for unjustified reasons and punitive action when disproportionate to the gravity of the alleged misbehavior may boomerang into nurturing feelings of revenge. So need for taking due care and showing required human sensitivity.
Regards,
Vinayak Nagarkar
HR- Consultant

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