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Dmc123
Associate Director Legal
Gannahope
Deputy Commissioner Of Labour..a.p.

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Anonymous
When we started a company 10 years back not many laws were framed but attendance was one which we fixed. Even though it was a policy to make sure you are on time or report for any leaves, but was not followed very strictly for people who joined early in organisation

One of an employee caught doing kick backs with a vendor, but since a family driven company, we had too let go , he apologised . We continued for which we had recording, we kept with us and never took any action.

Last two years he abruptly used to come on his chosen time, doing mistakes on project, we had never warn on documents but kept him on verbal note, and still use to pay salary full despite his off or abrupt timings. Finally, we came out with online attendance platform for people to login and the attendance would be counted from it

We use to pay the salary in full till november.. Post december we gave him that it would be through attendance only, and this he didnt agreed. At a point of time there were some financial crisis within msme and slow down effected our business too and salary got delayed.. In month of march, it was all locked down. Now he is putting unnecessary pressures, to do it full or I would go to court, obviously misbehaves and said I don't believe in this system etc etc.. Suggest what should I do, he threaten if you terminate me, I have full right for huge compensation and also you cant take my job away. We offered settlment as per attendance and if he leaves his gratuity as per law. He never negotiates, and doesnt stick on his words, just keep asking whats the final .Please suggest, I know its a long post, and we all know its a tough time for msme companies and employees too.

From India, Pune
Ya sir
Some points that are not matched for your complaint on him like we didn't take any action when he found guilty... We didn't maintained any payment records.
Anyhow came to one conclusion yourself whether to remove him or not... Not for this unusual lockdown situations.
Ok he is demanding huge amounts.
First sent him a removal letter.
Then he will reply what amounts he wants or he will approach labour dept for relief.
No worry at conciliation stage you can have bargain and conclude with an amicable figure with your ex employee..

From India, Nellore
You can initiate disciplinary action against that employee , following the principles of natural justice. If you don't have a certified standing orders , a Show cause notice be issued framing specific charges of misconduct as per Model standing orders, seeking his written explanation. irrespective of the employee replying the Show Cause notice , an enquiry be ordered and the enquiry may be organised to be conducted by an external Enquiry officer .

After receiving the Enquiry Officer's findings , you can issue a second show cause notice proposing to award the punishment of dismissal and after receiving the employees reply , you can go ahead issuing him a dismissal letter . If during the course of enquiry proceedings, the employee desires to settle the matter amicably , you can negotiate and settle his case as an out of enquiry initiative . This is how you can handle this employee

Panchsen

P.Senthilkumar

IR and Labour Law consultant



9884009193

From India, Chennai
Dear Sir,
Ideally you should not tolerate such attitude and employees. You should initiate disciplinary action by issuing chargesheet for all his lapses in a properly drafted form. If he is doing grave and serious msiconducts you can also suspend him pending enquiry. Since you are in Pune and he is giving threats, you need to approach legally against him since MRTU PULP Act is applicable. So, by conducting a proper legal enquiry through trained legal counsel, you can terminate him so there will be no question of any compensation. This will send correct message also to other employees that high handed attitude is not tolerated.

From India, Pune
Dear friend,
Before proceeding on anything, please ensure you have all indisputable documentary evidences, records witnesses to prove his guilt. Unless you are fully prepared these requisite supporting you should not go ahead with the proposed action.

From India, Bangalore
The terms and conditions of employment of the employees falling in "workman" category are governed by various Labour Laws, including Industrial Disputes Act 1947. Therefore, before taking any action, please consult a Labour Lawyer properly.
From India, Faridabad
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