Dear All, There is a term called dismissal/termination simpliciter. i wanted to add this clause in HR manual of our organisation.
Therefore i request your expert suggestion and details description of the same.
Discharge Simplicitor, as we understood, is an Act Initiated by an Employer/Appointing Authority in respect of a Person appointed by him/her as and when the Former has Grounds/Reasons to beleieve albeit Not Arbitrarily though, that the Latter Person has ceased to be a Trustworthy Person by way of his/her Conduct.
In such an evant / case, ordinarily, the Employer has a Firm reason or reasons, though Not Wholly Substatiated or Substantiable or supported by undeniable Evidence- whatever is bankable as Evidence is meagre and or "sotto voce" just an undertone, as it were- that Dischrage from the Muster Rolls is a scrupulous Action.
Such Dischrge Simplicitor thus is an act of Priviledge or Prerogative of the Employer/Appointing Authority applies his/her Mind to an Act of Unworthiness in Employment on the part of the so Discharges Person
Harsh K Sharan,
Kritarth Team
14th August 2018
When the services of an employee is terminated by an order which does not ex facie disclose any stigma or penal consequences against the Government servant and is merely a termination order simpliciter.
Reference to Clauses in Standing orders will help you to frame your HR Manual.
Dear Colleague,
The concept of 'discharge simpliciter' practically does not exist without any industrial dispute being raised which is seen very rampant in unionized setting.
All terminations by giving required notice/or wages in lieu of it, however innocent it may appear on the face of it, is charged as smacking of malafide action by the employer .
Such a clause either in The Manual/Standing Orders, is unimplentable at least for category of 'workmen' under labour laws.
For non- workers, it may pose less threats of industrial dispute.
You may have to rethink about inclusion of such clause in the Manual which will only be decorative clause lacking any teeth for implementation.
Regards,
Vinayak Nagarkar
HR- Consultant
Hi,
Generally discharge simpliciter is used to terminate employees on grounds of moral turpitude. Eg:
some one who has been found guilty in a court of law and punished.
some one who has a complaint of using abusive language / unprofessional behaviour in front of lady personnel. etc,
Discharge Simpliciter gives the Management authority for termination without following the due process of inquiry, etc., and as such should be used very judiciously and rarely. If used at the free will of the Management, it is bound to cause an Industrial dispute.
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