Manish Pawar
Dear All I need an advice that with continue misconduct of an employee and and 2 years 3 applogy letter is given by her . can we terminate the employee or what will be proccedure Regards Manish
From India, Raipur
Partner - Risk Management
Doctor Siva Global Hr
Manish Pawar
Commercial Head
Sr. Executive-hr

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Dear Manish,

Please consider the below mentioned things before terminating an employee.

1.What kind of Gross Misconduct she was involved?
2. Was the apology letter received for the same kind of mistakes which she repeated?
3.Is all the disciplinary actions recorded?
4.What does your company policy say on terminating an employee?
5.Terms and conditions stated in her appointment order.

Hope this helps....


From India, Mettupalayam

Dear Colleague,

Legally and Morally, you can not terminate an employee based on the apology letters given. Termination is a capital punishment to an employee which has to be exercised only if there is a Prima-facie case and evident misconduct involving moral turpitude/ serious gaps in performance/ unethical conduct etc as per your Service Rules / Standing Orders

- All reasonable opportunities are to be given to the employee to defend and explain his/ her side of explanation
- Proper domestic enquiry has to be conducted as per Principle of Natural Justice

- think several times before such drastic action and only when there is a serious misconduct then after giving all opportunities only to decide such action only if merit and justification is there.

From India, Chennai

If an employee has committed misconduct, specially if it is repeated 3 times in 2 years (and the misconduct is of serious nature), then you may use that as a basis of termination. However, you need to conduct a domestic enquiry and the decision of the enquiry officer must support termination. The employee must be given a chance to appear and defend herself before you take the final action.
From India, Mumbai

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