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Dear All,

I am Padma, and I work in a product-based company. One of the employees frequently uses social websites during office hours. We have issued memos to him twice, but he continues to repeat the same behavior. The management has decided to terminate his employment. Can you please help me with how I can draft this termination letter?

From India, Hyderabad
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If the employee has not corrected his behavior despite receiving the memo twice, then you need to escalate the level of negative discipline. However, do not reach the last option of termination immediately. Impose a penalty on him twice. If he still does not improve his behavior, then you may proceed with termination. However, before termination, it is advisable to conduct a domestic inquiry.

One strikingly odd punishment could be to transfer him to an unrelated department like security. Deny him access to mobile or computer. This may lead him to become frustrated and voluntarily resign. Therefore, no further punishment or termination may be necessary. While this may seem harsh, sometimes such tough measures are required.

Thinking from an HRM perspective

If the employee has time to browse social media, it suggests he has sufficient time available. Have you monitored his performance targets? What is the level of his performance? Is browsing social media impacting his performance? If yes, termination on the grounds of poor performance could be considered.

In many IT companies, employees have complete freedom to access the internet. Despite this freedom, employees are often so busy with work that they do not have time to browse the internet. Therefore, it may be worth considering the performance aspect as well.

Monitoring work closely was common in the past. Rather than monitoring how employees spend their time, modern companies focus on monitoring their performance. To enhance performance, employees need to be well-motivated, which can also be achieved through a proper career plan. Have you designed a suitable career plan for the employee?

Thanks,

Dinesh Divekar

From India, Bangalore
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PB
VD
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I completely agree with the theory explained by Dinesh Divekar Sir. In addition to that, I would also like to suggest that you can refer to your organization's policy and approved standing orders for drafting any termination letter.
From India, Pune
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Hi, Have attached a sample termination letter for your reference. You can give a warning to your employee regarding the same.
From India, Bengaluru
Attached Files (Download Requires Membership)
File Type: doc Termination Letter.doc (19.5 KB, 197 views)

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Dear Padma,

There is no need to reach a decision of termination. If the issue is accessing social sites, you can restrict his access to those sites on the office PC. If it is related to the use of social sites on mobile, you can ask him to deposit his mobile with security during office hours. This may resolve your problem and there would be no need to terminate the employee.


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PB
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Disciplinary Action and Termination Process

While any act unworthy of employment amounts to misconduct, it is expedient for the employer or punishing authority to opt for proportionate punishment as part of disciplinary action. Accordingly, please follow the principles of natural justice before awarding the punishment of termination of employment and instead proceed step-by-step as suggested below:

i) Frame charges or allegations of misconduct with sufficient precision, mentioning the date(s), time period, place(s), and the act(s) of misconduct or incidents noticed or reported. Issue a proper charge sheet or explanation letter, as the case may be, and seek and secure the reply or explanation.

ii) Consider the reply or explanation submitted in defense, and if found unsatisfactory, proceed with appointing an inquiry officer or inquiry committee. Nominate a management representative to present management's case during the inquiry proceedings.

iii) The concerned employee should be given all reasonable opportunities to defend his or her actions during the inquiry proceedings.

iv) Once the inquiry report with the findings is received or submitted, the punishing authority shall be well within his or her rights or prerogative to decide about the quantum of punishment to be awarded, keeping in view the seriousness of the misconduct under reference.

It is well worth remembering that the objective of disciplinary action is correction.

Regards, Team Kritarth
[Email Removed For Privacy Reasons]

From India, Delhi
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