Facing Employee Discipline Issues: How Should We Handle Potential Terminations?

Hello! Our management has decided to terminate 2 or 3 employees, who are going to break the discipline of our organization. Please give me suggestions for that.

Give them a written memo once before terminating them. If you don't find any difference in their attitude or behavior, then you can terminate as per your policy. You have to pay them the notice pay and settle all their pending dues with their F & F.

A written memo serves as proof that you have given enough time for the employee to change their attitude or behavior in case the employee chooses to take legal action.

Dear,

First of all, you have to determine what category of employee they fall under. If they are in the workmen category and you terminate them after issuing a memo, then you will definitely lose the battle in court.

If they are in the workmen category, then you have to provide them with an opportunity to explain themselves in accordance with the principles of natural justice. Issue them a charge sheet, ask for an explanation, and if you are not satisfied, then conduct a domestic inquiry. After the inquiry report, if they are found guilty, impose appropriate punishment.

Another critical point to consider is the gravity of the offense when giving out punishment. For a minor offense, you cannot terminate someone's services.

Dear Devyoti,

Please be specific about the kind of indiscipline they have done. You just cannot suspend or terminate anyone for any kind of indiscipline. Whether it is a workman or an employee, you must give them enough time to present their views before you take appropriate action.

Cheers!! Ajay

Dear Sir,

As an HR professional, you must identify the cause and effect before suspending or terminating the employee from the service. You need reasons for termination, and the management must issue a show cause notice, providing an explanation from the worker in accordance with your standing orders. You must give a notice of dissatisfaction to the employee and provide evidence of the incident involving the worker. Only at the final stage can you terminate or suspend the worker. It is crucial to ensure you give enough time as per your standing orders before taking any action.

Treat human beings with respect.

Thanks & Regards, A. PALPANDIAN Executive - Employee Relations

The required items prior to any disciplinary actions that can lead to punishment:

1. A show cause notice on the charges leveled.
2. A fair charge sheet describing all the misconduct(s), which should have relevant clauses of standing order pertaining to the misconduct.
3. Give sufficient time for a reply.
4. If the reply is not found satisfactory, inform them of the matter.
5. Fix a domestic enquiry.
6. Conduct the inquiry in a fair and just manner, with all the principles of natural justice followed.
7. Then take suitable action/punishment.

It is not easy for an employer to take disciplinary action at their will and wish, especially if the employee will fight it in a court of law.

Dear Devyoti,

After replies from the fraternity, you must have a fair idea of the termination process. I shall provide you with a flowchart. Please follow this if your employee is a workman:

1. Show Cause notice
2. Non Satisfactory explanation letter
3. Conduct domestic enquiry
4. Based on the enquiry findings, issue a charge sheet spelling out charges pointedly as per your standing order
5. Award punishment as per the gravity of misconduct

If your employee is not a workman, give him a notice period/notice pay as per the appointment letter and issue a termination letter. You can also ask him/her to resign.

Atul

Shyampc has given the correct procedure. Kindly review the Standing Order in your state and act accordingly.