Navigating Payroll Issues: How Should a New HR Head Handle a Terminated Manager's Involvement?

The terminated employee's manager, HR, is still working on my payroll and was asked verbally by the reporting officer to do so. I am now heading HR. What should be my action as a new HR head? Is there any clause based on which the reporting officer can be given a warning? The location is Mumbai.

Dear Deepti,

Your post is confusing. Why was the HR Manager terminated?

Before awarding the punishment of termination, did the company conduct a domestic inquiry? To whom did the HR Manager report? Why did his reporting authority advise him to continue despite his termination? What is the designation of the reporting authority?

Issues with the termination process

Even after the punishment of termination was awarded, if the employee continues to perform his duties, then the person who decided on termination has been left in the lurch. Why did this person keep quiet? What were the top leadership doing when the process of discipline was reduced to a farce? Why did they not intervene? Why did they wait for the new HR Head to take over and then decide?

Understanding company dynamics

We, the members of this forum, are outsiders and do not know the internal dynamics of the company. Therefore, please try to understand who calls the shots in the company. Please take this person as well as the top leadership in confidence and make the decision.

Thanks,

Dinesh Divekar

If a person has been removed (terminated), a manager has no right to ask them to continue working. This is definitely a violation of service rules and therefore misconduct.

Review Standing Orders

You will need to see your standing orders (or refer to the model standing orders if the company does not have certified standing orders). Based on that, you can issue a show-cause notice and have a domestic inquiry conducted.

Management Approval

But, as Dinesh-ji said, please ensure you have the approval of the management on the action you take.

Dear Deepti,

Once an employee has been terminated by the company, they cannot be asked to return to work. This can create trouble for the organization.

Sometimes, top leaders in the organization may need to facilitate a smooth handover of responsibilities and make such decisions. However, this action may be beyond what is permissible by law.