Labour Law & Hr Consultant
Hr Manager
Bhartiya Akhil

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Hello, I have been working with a sales oriented company as an Executive-HR & we mark attendance as per the location shared by sales people.
We contacted one of our distributors & found out, our salesperson is not reporting at the outlet for many days & lied about the sales & stock. Now if we terminate him immediately on the ground of misconduct, do we still need to pay him for the gross period?

From India, New Delhi
By "location shared by the sales people", do you mean only any dealer outlet or a street or an entire town where many dealers operate from.?
Whether the sales person has effected any sales in the locality on the dates of no visits mentioned by the dealer?
Taking formal disciplinary action against the alleged misconduct is a different issue. But, unless you have concrete evidence that the sales person submitted false reports pertaining to the dates he was totally absent, you cannot withhold his salary.

From India, Salem
Employer has every right to with-hold payment to such sales executives who manipulates everything and do fraud and extract money from company. As you have decided to terminate his services,
do that in accordance with the separation clause of the appointment letter issued to him.

From India, Aizawl
If you terminate him immediately on the ground of misconduct without proving, it may boomerang on you.
You are advised to issue him first show cause notice. Collect concrete evidences against him and then frame charges against him. Issue the charge sheet and conduct enquiry on the principal of natural justice in to the charges levelled. And then take action on receipt of enquiry findings and analysing it properly.
Before taking action of terminating after following the procedure as stated above, you need to give final SCN for why his services should not be terminated.
Hope Umakanthan Sir will agree with me.

From India, Mumbai
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