Firing an Employee for Misbehavior: Do We Still Owe Them a Notice Period?

If we fire an employee without giving a notice period due to misbehavior or being found drunk during working hours, do we still have to pay the notice period?

Hi all, if we fire an employee without giving a notice period due to misbehavior or being found drunk during working hours, do we still have to pay the notice period?

Thank you.

Misconduct Under the Delhi Shops Act

Section 13 of the Delhi Shops Act lists the acts and omissions constituting misconduct. For the purpose of Section 30, misconduct shall include the following acts and omissions on the part of an employee:

- (a) Willful insubordination or disobedience, whether or not in combination with another, of any lawful and reasonable order of a superior.
- (b) Going on an illegal strike or inciting, abetting, or instigating or acting in furtherance thereof.
- (c) Willful slowing down in the performance of work, or abetment, or instigation thereof.
- (d) Theft, fraud, misappropriation, or dishonesty in connection with the employer's business or property.
- (e) Habitual absence without leave, overstaying the sanctioned leave without sufficient grounds, or proper and satisfactory explanation, or habitual late attendance.
- (f) Commission of any act subversive of discipline or good behavior on the premises of the establishment, such as drunkenness, riotous, disorderly or indecent behavior, gambling, or holding meetings without previous permission of the employer, or taking or giving bribes or any illegal gratification whatsoever.
- (g) Habitual neglect of work or gross or habitual negligence.
- (h) Willful damage to work in process or to any property of the establishment.
- (i) Disclosing to any unauthorized person any information regarding the processes of the establishment that may come into the possession of the employee in the course of his work.

Therefore, drunkenness will come within (f) above.

Section 30: Notice of Dismissal

(1) No employer shall dispense with the services of an employee who has been in his continuous employment for not less than three months without giving such a person at least one month's notice in writing or wages in lieu of such notice:

Provided that such notice shall not be necessary where the services of such an employee are dispensed with for misconduct, after giving him an opportunity to explain the charge or charges against him in writing.

Therefore, you will have to follow the procedure of issuing a Show Cause Notice, conducting an inquiry, and acting based on the Inquiry Officer's report.

Regards,

Advocates & Notaries - Legal Consultants - HR

E-mail: [Email Removed For Privacy Reasons]

Mobile: [Phone Number Removed For Privacy Reasons]

Misconduct Under the Delhi Shops Act

Section 13 of the Delhi Shops Act lists the acts and omissions constituting misconduct. For the purpose of Section 30, misconduct shall include the following acts and omissions on the part of an employee:

- (a) Willful insubordination or disobedience, whether or not in combination with another, of any lawful and reasonable order of a superior.
- (b) Going on an illegal strike or inciting, abetting, or instigating or acting in furtherance thereof.
- (c) Willful slowing down in the performance of work, or abetment, or instigation thereof.
- (d) Theft, fraud, misappropriation, or dishonesty in connection with the employer's business or property.
- (e) Habitual absence without leave, overstaying the sanctioned leave without sufficient grounds, or proper and satisfactory explanation, or habitual late attendance.
- (f) Commission of any act subversive of discipline or good behavior on the premises of the establishment, such as drunkenness, riotous, disorderly, or indecent behavior, gambling, or holding a meeting without the previous permission of the employer, or taking or giving bribes or any illegal gratification whatsoever.
- (g) Habitual neglect of work or gross or habitual negligence.
- (h) Willful damage to work in process or to any property of the establishment.
- (i) Disclosing to any unauthorized person any information regarding the processes of the establishment that may come into the possession of the employee in the course of his work.

Therefore, drunkenness will come within (f) above.

Section 30: Notice of Dismissal

(1) No employer shall dispense with the services of an employee who has been in his continuous employment for not less than three months without giving such a person at least one month's notice in writing or wages in lieu of such notice:

Provided that such notice shall not be necessary where the services of such an employee are dispensed with for misconduct, after giving him an opportunity to explain the charge or charges against him in writing.

Therefore, you will have to follow the procedure of issuing a Show Cause Notice, conducting an enquiry, and acting based on the Enquiry Officer's report.

With Regards,

Advocates & Notaries - Legal Consultants - HR

[Email Removed For Privacy Reasons]

[Phone Number Removed For Privacy Reasons]

You cannot terminate the services of an employee without affording them an opportunity to explain their position and then weighing the reply submitted by the employee before arriving at awarding punishment.

VS Rajan Associates has shown the law that needs to be respected.

Summary Termination of an Employee

Summary termination of an employee for acts of misconduct committed by him would be held to be bad in law. Therefore, I will advise you against this.

Process for Handling Indiscipline

You will have to go through the entire process of handling instances of indiscipline and then decide upon the punishment you wish to inflict upon the concerned employee.

Defined Process in Standing Orders

The process is defined in the Standing Orders of the Company in a factory situation. The Shops & Establishments Act defines the process if the establishment is covered under the Shops Act.

Best Wishes,

Vasant Nair

Process of Domestic Enquiry and Natural Justice

The process of domestic enquiry and the principle of natural justice must be followed before the CDA can reach a conclusion on dismissal or termination as a penalty for misconduct.

The Importance of Natural Justice in Employee Termination

Without adhering to the principle of natural justice, termination may prove fatal to the organization. It is essential to follow proper procedures before terminating or imposing any punishment on an errant employee. Doing so will save the organization litigation costs and time.

Regards.