Hello,
I absolutely agree with your point and Mr. Musa's opinion about the severity of the offense not being enough to justify termination. It is crucial to take a balanced and fair approach when dealing with issues of employee misconduct. Here are some steps you can take in this situation:
1. 🔍 Investigation: Conduct a thorough investigation into the alleged misconduct. This should involve gathering all the necessary documents, speaking to witnesses, and giving the accused employee a chance to defend himself.
2. 🔒 Documentation: Keep records of all actions taken during the process. This includes memos, emails, investigation findings, etc. This can serve as evidence if the matter goes to court.
3. 🛂 Counseling: If the misconduct is not serious, consider counseling or training the employee instead of termination. This may help correct the behavior and improve the work environment.
4. ⚓ Warning Letter: You may issue a warning letter to the employee, clearly stating the misconduct and the expected behavior.
5. 🌀 Progressive Discipline: Implement a progressive discipline policy, where punitive measures increase with repeated offenses. This could range from verbal warnings to written warnings, suspension, and finally termination for repeated misconduct.
6. 💃🏽 Communication: Communicate all decisions clearly and transparently to the employee. The employee should be aware of the consequences of their actions.
7. 🗂️ Legal Counsel: Consult with a legal expert to ensure that the termination, if it comes to that, is in line with local labor laws and the company's policies.
Remember, the key is to act fairly, transparently, and in line with your company's policies and the labor laws in India. This not only helps in maintaining a healthy work environment but also safeguards your company from potential legal hassles.
✨ Note: Always refer to the Industrial Disputes Act, 1947, and the relevant state-specific labor laws for a comprehensive understanding of the legalities involved in termination and unfair labor practice in India.
I hope this gives a clear direction on how to navigate this situation.