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padamagrawal
1

Hi All,
We are facing some trouble with few of our employees and we wish to terminate them as they have shown gross misconduct.
Can anybody suggest me on how to execute the termination process? also, I need the format for the same at the earliest.
Plz help me out ASAP.
Regards,
Padam

From India
dbalwani
1

Hi,
As per the Policy company has to provide warning letters before terminasting his services. But its depends on the kind on able to s happen with the company and sole discretion of the management .
If employees has done something for that warning letter can be issued the n please to be at safer site provide him warning letter
But if misconduct is serious then, company can issues Temination. but please do not forget to mention clear cause of termination . that on which basis you are issuing letter
Please ask for further clarifications
Waiting for others feedback
Deepshikha

From India, New Delhi
padamagrawal
1

Hi Deepshikha,
Thanx for your reply.
However, this is a very serious concern before the management and we are not sure of what should be the safest way to dismiss those employees as they are non performing, and have misbehaved with the entire management from immediate boss to the head of the operations dept as well as with the HR and trying to threaten the company. What should be done now as per your recommendation?
Waiting for your serious advice.
Regards,
Padam

From India
sireeshadeol
4

Hi,

Its important that the appointment letter you have issued to these employees has this clause regarding gross misconduct. Termination without any notice in case of gross misconduct is inevitable.

Call them for a meeting .Please read out this clause in the Appt. Letters to the employees to be terminated and make sure they do the acceptance signature and keep a copy in their employee record.

If you stick to the procedure, you will be tension-free.

But please keep in mind that this should be well informed, justified & supported by most of the other employees otherwise there could be huge de-motivation & resentment that could lead to further attrition.

Though I am attaching a simple termination letter for use, please make necessary additions and remember to do it after weighing all the risks.

LETTER OF TERMINATION

NAME

POSITION

GRADE/EMPLOYEE#

We would like to bring to your notice that as per our observation and the information acquired from your Line Manager that your services would be terminated w.e.f 31/01/2007 and your appointment stands void due to these various reasons :

1) Not adhering to the timings of your work/Misconduct/Pronabity

2) Taking unnecessary breaks during work

3) Not able to maintain the discipline of the team

4) Not able to retain the new recruits (trainees)

5) Complaints from the trainees about inappropriate language used in the workplace(As Many reasons as possible to make your decision strong)

As clearly stated as possible)

Your behavior falls below Management expectations.

With no other choice we are hereby bound to terminate your services.

You are asked to accept this letter as you are terminated from your services with immediate discontinuation of your job.

The settlement of dues in your case will be done as per the policy of the company.

Yours faithfully,

For XYZ PVT.LTD

Acceptance Signature

Authorized Signatory Date:

From India, Ahmadabad
sireeshadeol
4

Have you defined Code Of Conduct in any given written manual or employee handbook to them?
If so, then you must have mentioned that non-compliance with any of those rules would lead to Disciplinary Action Procedure.
DAP is completely at the discretion of the Management.
Please clarify the industry are we talking of the BPO scenario?
Sounds serious!

From India, Ahmadabad
padamagrawal
1

Thanx Sireesha for the input you have given to me.
Yes, we are talking in BPO Scenario. We are an start up bpo company and the said employess are newly hired probationers. Though, they have not been given Offer Letters so far but the Letter of Intent. The LOI does n't say any thing about the misconduct. Furtyher, they have not submitted their credentials yet even after asking them so many times. It is mentioned in the LOP that their offer of employment is subject to their completing all the joining formalities viz. submission of all the credentials. Can we take help of the same. plz clarify and give me some more suggestions.
Padam

From India
padamagrawal
1

Hi All! So far 18 views and just suggestions from two members? :o :!: :?: Seniors please help me out in this matter. Padam
From India
Ajaysheel
Hi Padam,
Greetings,
In LOI u mentioned that their offer of employment is subjected to their completing all the joining formalities then there is no need to worry about the termination. Just ask them "to go back" as you have not submitted your required documents till today. The Management has decided to terminate you with immediate effect.
Cheers and need not to worry go ahead.
Thanx
Ajay Sharma

From India, Jaipur
rajanlawfirm
6

Dear
Since they are probationers you can terminate them with notice pay . The best solution is to just terminate them with notice pay one by one with a space of 15 days in between.When you have the right tof termination with you better do not make any imputation on their conduct or job as you might get into a legal problem.If they perate as a group take local specialist advice.
With Regards
V.Sounder Rajan
VS Rajan Associates,
Advocates & Notaries,
No.27, Ist Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
E-mail :
Off : 044-42620864, 044-65874684,
Mobile : 98401 42164.

From India, Madras
dbalwani
1

Hi Padam,
As eralier i have suggested to issue him warning letters was not aware that he is still under his probabation period, and if appointment letter is not issued, you can simply ask him to leave any so many causes,
1) Non-Performance
2) Misbehaviour with entire mangement team
3) Documents are not complete
Only on the basis of LOI, he cannot take legal step.
Do not worry, get chill..
For future ref " employees handbook option is good, keep this suggestion in the front of management"
your reply is awaited
Deepshikha

From India, New Delhi
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