Dear Seniors,
Can anybody tell me what the procedure is for suspending labor and for termination? How many letters need to be issued at a minimum, the period of the gap between letters, and if possible, the required contents of the letter as well? Please guide me, members.
Regards,
Reshma
From India, Madras
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Can anybody tell me what the procedure is for suspending labor and for termination? How many letters need to be issued at a minimum, the period of the gap between letters, and if possible, the required contents of the letter as well? Please guide me, members.
Regards,
Reshma
From India, Madras
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Ms. Reshma,
It may be a very lengthy answer; I tried to summarize it briefly:
To suspend a worker, keep in mind the gravity of misconduct. In the case of absconding, at least three letters have to be sent.
Keep in mind the principles of natural justice.
This means you have to ensure that he is given a full chance to explain his conduct.
Ask him/her in the form of a show-cause notice to explain why the company should not take action against him.
Give him an exact date to submit his reply.
After receiving the reply, you may call for a domestic enquiry. During the enquiry, the worker can be suspended from his work.
Appoint a Domestic Enquiry Officer. The Officer will send him a letter to conduct a domestic enquiry against him.
After the enquiry, the Officer will submit his report to the management.
The management will then request his explanation again.
Based on the enquiry and explanation, the management may decide to terminate his employment or impose a justified punishment.
Keep in mind that termination is the harshest punishment.
Even after following all the procedures, the worker still has the full right to challenge your decision.
Cases may vary depending on the misconduct.
Regards,
Manish Bali
Head - IR/HR
From India, Delhi
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39It may be a very lengthy answer; I tried to summarize it briefly:
To suspend a worker, keep in mind the gravity of misconduct. In the case of absconding, at least three letters have to be sent.
Keep in mind the principles of natural justice.
This means you have to ensure that he is given a full chance to explain his conduct.
Ask him/her in the form of a show-cause notice to explain why the company should not take action against him.
Give him an exact date to submit his reply.
After receiving the reply, you may call for a domestic enquiry. During the enquiry, the worker can be suspended from his work.
Appoint a Domestic Enquiry Officer. The Officer will send him a letter to conduct a domestic enquiry against him.
After the enquiry, the Officer will submit his report to the management.
The management will then request his explanation again.
Based on the enquiry and explanation, the management may decide to terminate his employment or impose a justified punishment.
Keep in mind that termination is the harshest punishment.
Even after following all the procedures, the worker still has the full right to challenge your decision.
Cases may vary depending on the misconduct.
Regards,
Manish Bali
Head - IR/HR
From India, Delhi
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