How Should We Handle Misconduct Termination for an Off-Role Worker? Seeking Advice

Dear,

We have an off-role worker and want to terminate him on the grounds of misconduct, so please suggest the proper course of action.

Since the employee is not on your payroll, there exists no legal relationship between you and that employee. If you do not want his service, you can instruct the intermediary under whose payroll he is not to send him to your establishment, that's all.

Regards,
Madhu.T.K

Termination on Grounds of Misconduct

If you want to terminate him on the grounds of misconduct, first, you need to keep him on the payroll. If the misconduct is major, conduct a domestic enquiry. If the charges are proven, then consider termination. You are seeking suggestions for the proper course of action, but not keeping the worker on the payroll does not seem proper in the eyes of the law. When the worker is off the payroll, termination is not officially recorded.

With Regards,
R.N.Khola

Hi,

When you say that the employee is off-roll, you don't need to worry about his termination. Just pass on this message to the intermediary to take up the process with comments of your dissatisfaction. The only thing you should be looking at is that he does not report back to work.

Regards,
Unknown.