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?
From India, Delhi
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From India, Delhi
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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?
From India, Delhi
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From India, Delhi
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Dear,
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 instigation 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.
With Regards,
Advocates & Notaries - Legal Consultants - HR
E-mail: rajanassociates@eth.net
Mobile: 9025792684
From India, Bangalore
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204Section 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 instigation 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.
With Regards,
Advocates & Notaries - Legal Consultants - HR
E-mail: rajanassociates@eth.net
Mobile: 9025792684
From India, Bangalore
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Dear,
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 instigation 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
E-mail: rajanassociates@eth.net
Mobile: 9025792684
From India, Bangalore
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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 instigation 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
E-mail: rajanassociates@eth.net
Mobile: 9025792684
From India, Bangalore
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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. However, 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 the future to avoid the deletion of your threads.
Warm regards.
From India, Delhi
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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. However, 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 the future to avoid the deletion of your threads.
Warm regards.
From India, Delhi
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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.
From India, Chandigarh
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VS Rajan Associates has shown the law that needs to be respected.
From India, Chandigarh
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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 indiscipline 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
From India, Mumbai
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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.
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
From India, Mumbai
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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.
From India, Faridabad
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From India, Faridabad
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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.
From India, Delhi
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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.
From India, Delhi
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