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Dinesh DivekarDear Eesha Shah,
Many members of this forum, while raising a post, give incomplete information, and your post is no exception. While raising a query on the public forum, a fair expectation by the other members from the poster is that he/she provides information in a chronological sequence.
Anyway, confirm the following:
a) The employee in question who has been "terminated", how long has he been working in your company?
b) Why was he terminated? What was the misconduct and has the misconduct been defined in the standing orders of your company?
c) Before terminating the employee, did you conduct the domestic enquiry? If not, then what was the reason for not conducting it? In lieu of the domestic enquiry, was the employee served with the show-cause notice?
d) Employee says that he was not issued with the appointment letter, consequently, he should not be served with a termination letter as well. However, is it true that your company has not issued him the appointment letter? If not issued, then what was the reason for withholding it?
e) For how many months, your company has paid the employee the monthly salary? The employee has linked the issue of the appointment letter and the termination letter. But then why is he not linking the issue of the appointment letter and the receipt of the monthly salary? Did you ask him why he was accepting the monthly salary all along? Why did he not refuse the monthly salary also?
The learned members of this forum provide solutions to workplace challenges. However, the solutions are always in the ambit of the law. Whatever the reasons may be, if the provisions of the labour laws are not followed, then solutions cannot be provided on how to wriggle out from the web of unlawfulness that the company has spun around itself.
From India, Bangalore
p-lekha-jacobsEesha - why is a presumably bonafide employee being fired by your Organization?
We as HR fraternity are perplexed sometimes and wonder with lack of complete details that how an advice may be rolled out.
Anyway, an employee can always deny to be terminated if you don't have any policy/ legal grounds to do so - he has a right to know the grounds - you say 'defaulter' - but in what sense - please think through as this may have legal ramifications on your Organization from employee's side. What grounds do you have to fire the employee - indiscipline, dissatisfactory work performance, breach of policy, conduct violation, etc. to name a few. Was the employee put on a 'improvement period' and was the situation reviewed before the termination decision was finalized?
Also, please review your Talent Acquisition Manual as employee has blatantly claimed that he did not sign any offer letter. How was the employee on-boarded, afterall?
Advice - please check the employee's personnel file, there has to be a signed contract or a letter. Please be respectful to the employee in explaining the termination case.
From India, Delhi