Employee incase of defaulter we terminate & he not ready to sign any document saying he dint received any appointment letter what can be done from company’s point of view.
From India, Mumbai
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From India, Mumbai
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Dear Eesha Shah,
Many members of this forum, while raising a post, give incomplete information, and your post is no exception. When 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, please confirm the following:
a) How long has the employee in question, who has been "terminated," 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, what was the reason for not conducting it? In lieu of the domestic enquiry, was the employee served with the show-cause notice?
d) The employee claims he was not issued an appointment letter; consequently, he believes he should not be served with a termination letter as well. Is it true that your company has not issued him the appointment letter? If not issued, what was the reason for withholding it?
e) How many months has your company paid the employee the monthly salary? The employee has linked the issue of the appointment letter and the termination letter. Why is he not linking the issue of the appointment letter with 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?
The learned members of this forum provide solutions to workplace challenges. However, the solutions are always within the ambit of the law. Whatever the reasons may be, if the provisions of the labor 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.
Thanks,
Dinesh Divekar
From India, Bangalore
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8036Many members of this forum, while raising a post, give incomplete information, and your post is no exception. When 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, please confirm the following:
a) How long has the employee in question, who has been "terminated," 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, what was the reason for not conducting it? In lieu of the domestic enquiry, was the employee served with the show-cause notice?
d) The employee claims he was not issued an appointment letter; consequently, he believes he should not be served with a termination letter as well. Is it true that your company has not issued him the appointment letter? If not issued, what was the reason for withholding it?
e) How many months has your company paid the employee the monthly salary? The employee has linked the issue of the appointment letter and the termination letter. Why is he not linking the issue of the appointment letter with 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?
The learned members of this forum provide solutions to workplace challenges. However, the solutions are always within the ambit of the law. Whatever the reasons may be, if the provisions of the labor 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.
Thanks,
Dinesh Divekar
From India, Bangalore
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Eesha, why is a presumably bona fide employee being fired by your organization?
We, as HR fraternity, are perplexed sometimes and wonder with the lack of complete details how 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 the employee's side. What grounds do you have to fire the employee - indiscipline, unsatisfactory work performance, breach of policy, conduct violation, etc., to name a few. Was the employee put on an 'improvement period' and was the situation reviewed before the termination decision was finalized?
Also, please review your Talent Acquisition Manual as the employee has blatantly claimed that he did not sign any offer letter. How was the employee onboarded, after all?
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
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We, as HR fraternity, are perplexed sometimes and wonder with the lack of complete details how 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 the employee's side. What grounds do you have to fire the employee - indiscipline, unsatisfactory work performance, breach of policy, conduct violation, etc., to name a few. Was the employee put on an 'improvement period' and was the situation reviewed before the termination decision was finalized?
Also, please review your Talent Acquisition Manual as the employee has blatantly claimed that he did not sign any offer letter. How was the employee onboarded, after all?
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
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