Leagal Complications In Terminatin The Employee

Hi All,
If we fire an employee without giving notice period due to misbehaviour or found drunk during working ours do we still have to pay the notice period?

Dear

Section 13 of the Delhi Shops Act lists the Acts and omission constituting misconduct

for the purpose of Section 30,misconduct shall include the following acts and omission on the part of an employee:
(a) willful insubordination or disobedience, whether or no not in combination with another, of any lawful and reasonable order of superior;
(b) going on an illegal strike or inciting, abetting or instigation or acting in furtherance thereof;
(c) willful slowing down in 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 behaviour on the premises of establishment, such as. drunkenness, riotous, disorderly or indecent behaviour, gambling or holding meeting 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 if the establishment;
(i) disclosing to any unauthorised person any information in regard to the processes of the establishment which may come into the possession of the employee in the course if 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 person at least one months' notice in writing or wages in lieu of such notice :

Provided that such notice shall not be necessary where services of such 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 Show cause Notice conducting an Enquiry and act based on the Enquiry officers report.

With Regards

Advocates & Notaries -Legal Consultants-HR

E-mail : rajanassociates@eth,net,

Mobile : 9025792684

Dear

Section 13 of the Delhi Shops Act lists the Acts and omission constituting misconduct

for the purpose of Section 30,misconduct shall include the following acts and omission on the part of an employee:
(a) willful insubordination or disobedience, whether or no not in combination with another, of any lawful and reasonable order of superior;
(b) going on an illegal strike or inciting, abetting or instigation or acting in furtherance thereof;
(c) willful slowing down in 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 behaviour on the premises of establishment, such as. drunkenness, riotous, disorderly or indecent behaviour, gambling or holding meeting 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 if the establishment;
(i) disclosing to any unauthorised person any information in regard to the processes of the establishment which may come into the possession of the employee in the course if 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 person at least one months' notice in writing or wages in lieu of such notice :

Provided that such notice shall not be necessary where services of such 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 Show cause Notice conducting an Enquiry and act based on the Enquiry officers report.

With Regards

Advocates & Notaries -Legal Consultants-HR

E-mail : rajanassociates@eth,net,

Mobile : 9025792684

Dear HR Delhi
Kindly avoid posting multiple identical threads with the same content TO AVOID UNNECESSARY DUPLICATION of efforts.
Here, I have merged both of your threads and the responses. But I find that this is a recurrent problem with your posted threads, as evident here :
https://www.citehr.com/search.php?se...#axzz1729s7RpO
I hope you will take care in future to avoid deletion of your threads.
Warm regards.

You cannot terminate the services of an employee without affording him an opportunity to explain his position and then weigh 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 for acts of misconduct committed by him would be held to be bad in law. Therefore I will advise you against this.

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

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

The process of domestic enquiry and principle of natural justice will have to be followed before coming to conclusion by CDA on dismissal/termination as penalty for the misconduct.

Without adhering to principal of natural justice, termination may prove fatal to the organisation. Need to follow proper proceedure before termination or imposing any punishment to an erant employee. it will save litigation cost and time of the organisation.