Dinesh Divekar
Business Mentor, Consultant And Trainer
Nagarkar Vinayak L
Hr And Employee Relations Consultant

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Dear All,
I have one query related to our one of our sales employee working at manager level. We are giving all facilities to him apart from salary. As he belongs to sales so we don't ask them to come at office daily and report about the work they do reporting part online.
Recently we have got to know that on field he is selling our product as well as other company's product also. Now the concern is this is our peak period for business is going on and taking action against him at this point would affect that business in that case what can be done to solve such issue.
Please give feedback about the same.

From India, Mumbai
Dear member,
As of now, you have received only a tip-off on the mala fide activities of your managers. However, to take disciplinary action, you need to have material evidence.
To establish the truth, you may keep him under surveillance. Generate sufficient proof of his knavery. As the peak time gets over, you may order domestic enquiry to establish his misconduct.
Thanks,
Dinesh Divekar

From India, Bangalore
Thank you sir for the reply, we have got evidence also but would like to know what strict actions can be taken. example termination, or newspaper advertisement about his mis-conduct.
As an organisation what necessary steps we should take against him?
Thank You,
Regards,
Karishma Jaiswal

From India, Mumbai
Dear Karishma,
If you have material evidence to prove that the employee has worked for some another company then order the domestic enquiry and let his misconduct be proved. In the domestic enquiry, the employee is given a chance to defend his position. Based on the outcome of the enquiry your management can take a decision whether to terminate the employee or not.
The employer-employee relationship is an internal matter of the company. If for some reasons if the relationship goes awry then either party cannot start giving publicity in the newspaper. That could tantamount to defamation and it could lead to further problems. Therefore, keep this matter within the four walls of the company. Taking disciplinary action itself is a punishment. By giving publicity in the newspaper what are you going to achieve? Just mental satisfaction and beyond nothing else.
Do not terminate the employee without conducting the domestic enquiry. Do not issue any termination letter without conducting the domestic enquiry. Follow the proper process of the enquiry. At this stage, what is needed is to think from the head and not from the heart.
Thanks,
Dinesh Divekar

From India, Bangalore
Dear madam,
Working for two employers simultaneously is unethical and violates service conditions.
Such acts of moonlighting by an employee at the Managerial level needs to be dealt with severely.
Suggest immediate suspension pending enquiry.
Issue him the show cause notice giving full facts about his misbehaviour and ask his written explanation .
This action itself will be sufficient for the person at his level. If he is truly guilty he will admit and offer to leave the job on his own.
It is then for management to decide whether to terminate him or let him go without blot.
Regards,
Vinayak Nagarkar
HR-Consultant

From India, Mumbai
Thank You all for the valuable suggestion.
From India, Mumbai
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