Dear Neeta,
Sacking employee should not be thought only from the statutory viewpoint but from organisational viewpoint as well. Following points needs consideration:
a) Following legal procedure will it not enhance your image within the company - that you follow ethical business practices?
b) Following legal practices improves or maintains the morale of the employees that organisation is just.
c) If you sack employee without giving due notice morale of the current employee may go down. Will you be able to retain talent in such case? Will it foster attrition?
d) By following Hire and Fire policy will you able to attract better talent in future?
e) If employee was engaged in unethical business practices then what you audit department was doing? Why there were not proper checks and balances? How come no employee reported this fact to management? Or even if the fact was reported management dilly-dallied and now all of a sudden wants to take a stringent action to send a "right" message to all employees?
f) Indian Criminal Law stipulates that accused must be given a chance to defend himself and then only he/she should be pronounced as guilty. Why are you shy of giving chance to prove him not guilty?
g) Take disciplinary action notwithstanding his length of service.
h) For Mr Dev only: - Sacking of an employee by MNC without giving due notice is wholly illegal. Just that employee did not approach labour office does not mean that MNC was correct in sacking an employee. Law is equal for all it does not differentiate between Indian and foreign company! Day in day out we talk about "Values" "Ethical Business Practices", then where is the question of sacking an employee without notice?
Thanks,
Dinesh V Divekar
Sacking employee should not be thought only from the statutory viewpoint but from organisational viewpoint as well. Following points needs consideration:
a) Following legal procedure will it not enhance your image within the company - that you follow ethical business practices?
b) Following legal practices improves or maintains the morale of the employees that organisation is just.
c) If you sack employee without giving due notice morale of the current employee may go down. Will you be able to retain talent in such case? Will it foster attrition?
d) By following Hire and Fire policy will you able to attract better talent in future?
e) If employee was engaged in unethical business practices then what you audit department was doing? Why there were not proper checks and balances? How come no employee reported this fact to management? Or even if the fact was reported management dilly-dallied and now all of a sudden wants to take a stringent action to send a "right" message to all employees?
f) Indian Criminal Law stipulates that accused must be given a chance to defend himself and then only he/she should be pronounced as guilty. Why are you shy of giving chance to prove him not guilty?
g) Take disciplinary action notwithstanding his length of service.
h) For Mr Dev only: - Sacking of an employee by MNC without giving due notice is wholly illegal. Just that employee did not approach labour office does not mean that MNC was correct in sacking an employee. Law is equal for all it does not differentiate between Indian and foreign company! Day in day out we talk about "Values" "Ethical Business Practices", then where is the question of sacking an employee without notice?
Thanks,
Dinesh V Divekar