Hi Rathika,
You cannot terminate an employee without any intimation, warning, memo, notice, and show cause. There are many processes to be followed before terminating someone from the service.
1. You have to conduct a counseling session with the employee. It should be done in a manner that helps them understand their achievements, abilities, and also their mistakes in a polite and soft manner.
2. If the same issue happens again, a warning letter should be issued to the employee, and their acknowledgment should be obtained. The letter can be sent via registered post, email, etc. If the employee refuses to acknowledge it when presented directly, it also counts as a discharge.
3. If the same issue repeats, a memo should be given, similar to a warning letter.
4. If the issue persists, a show cause notice must be issued detailing the discharge. It should clearly state that an enquiry commission or officer will be appointed to investigate the allegations.
NOTE: ALL THESE PROCESSES SHOULD BE DOCUMENTED WITH THE EMPLOYEE'S ACKNOWLEDGEMENT PROPERLY.
5. An enquiry officer should be formally appointed, and a proper appointment letter should be given to them. The officer could be an internal staff member, a company lawyer, or another suitable person.
6. If the employee fails to appear after receiving show cause notices 2 and 3, they should be sent by post with an acknowledgment receipt, possibly as a legal notice from the company's lawyer. Only then can the termination take place.
7. During the enquiry, the appointed officer must make honest decisions regarding the allegations. They can decide on termination, suspension, fines, or other suitable actions.
8. Failure to follow these procedures may result in legal actions or notices from the Labor Court, Commissioner of Labor, Inspector of Labor, Inspector of Factories, etc.
Make sure to formalize all these steps. Thanks.
Ravi Shankar S.