Please suggest how to write a termination letter for a emplyee who is applying for job in our clients and trying to reveal the secret documents of the company.
From India, Kanpur
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1From India, Kanpur
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Dear smita221,
If you suspect that an "employee who is applying for a job in our clients and trying to reveal the secret documents of the company"; then how does it matter HOW YOU WRITE the termination letter?
When you dispense with all the principles of natural justice, "due process", fair play, concern for people, and act on such things; then the words of the Termination Letter do not matter. Does it make any difference if the Devil quotes the Bible?
Warm regards.
From India, Delhi
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If you suspect that an "employee who is applying for a job in our clients and trying to reveal the secret documents of the company"; then how does it matter HOW YOU WRITE the termination letter?
When you dispense with all the principles of natural justice, "due process", fair play, concern for people, and act on such things; then the words of the Termination Letter do not matter. Does it make any difference if the Devil quotes the Bible?
Warm regards.
From India, Delhi
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Hello,
After what Mr. Rajkumar Hansdah has said, actually I do not need to add anything. But some basics you must know to avoid being trigger happy and end up shooting without aiming!
Kindly consider:
1. Is looking for a job (even with a client company) a misconduct in your service rules or at law?
2. Have many of us not done so in our own careers?
3. If your instructions are to terminate his services, you are obliged to follow prevalent law and "principles of natural justice."
4. If Industrial Employment (Standing Orders) Act 1946 is applicable, it lays down a procedure for disciplinary action and you may not be able to successfully terminate his employment without holding a Domestic Enquiry! I am assuming that the concerned person will qualify to be a workman under the Industrial Disputes Act 1947. Here I must caution that neither his salary nor his title will matter but the work performed by him will determine his status in the eyes of the law.
5. Principles of Natural Justice demand at the minimum that no one can be punished without being given an opportunity of being heard.
6. Industrial jurisprudence demands that the "quantum of punishment and the gravity of misconduct" have to be proportionate and further it is found difficult in industry to justify dismissal as a response to the first misconduct. Also, the law courts expect the employer to consider the past service record of the employee to find out if there are any mitigating or extenuating circumstances before deciding the quantum of punishment.
Such being the scenario, Mr. Hansdah was right in making a crisp reply, and I am totally with him on that issue! However, if the contemplated action has to be proceeded with, there are precautions you (the employer) are obliged to take and procedures have to be followed. I chose to simply elaborate on that aspect. Your profession demands that your actions must be justified at the professional level and also at the legal level. I am not talking about morality issues involved since we do not have sufficient material in that regard.
TC Regards,
Samvedan November 30, 2010
From India, Pune
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After what Mr. Rajkumar Hansdah has said, actually I do not need to add anything. But some basics you must know to avoid being trigger happy and end up shooting without aiming!
Kindly consider:
1. Is looking for a job (even with a client company) a misconduct in your service rules or at law?
2. Have many of us not done so in our own careers?
3. If your instructions are to terminate his services, you are obliged to follow prevalent law and "principles of natural justice."
4. If Industrial Employment (Standing Orders) Act 1946 is applicable, it lays down a procedure for disciplinary action and you may not be able to successfully terminate his employment without holding a Domestic Enquiry! I am assuming that the concerned person will qualify to be a workman under the Industrial Disputes Act 1947. Here I must caution that neither his salary nor his title will matter but the work performed by him will determine his status in the eyes of the law.
5. Principles of Natural Justice demand at the minimum that no one can be punished without being given an opportunity of being heard.
6. Industrial jurisprudence demands that the "quantum of punishment and the gravity of misconduct" have to be proportionate and further it is found difficult in industry to justify dismissal as a response to the first misconduct. Also, the law courts expect the employer to consider the past service record of the employee to find out if there are any mitigating or extenuating circumstances before deciding the quantum of punishment.
Such being the scenario, Mr. Hansdah was right in making a crisp reply, and I am totally with him on that issue! However, if the contemplated action has to be proceeded with, there are precautions you (the employer) are obliged to take and procedures have to be followed. I chose to simply elaborate on that aspect. Your profession demands that your actions must be justified at the professional level and also at the legal level. I am not talking about morality issues involved since we do not have sufficient material in that regard.
TC Regards,
Samvedan November 30, 2010
From India, Pune
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Hello,
Disciplining erring employees is a subject of law! Kindly provide the following information.
1) Is your organization covered under the Factories Act or under the Shops and Commercial Establishments Act?
2) Do you employ more than 50 employees? If you do, you are likely covered under the Industrial Employment (Standing Orders) Act, 1946, which deals exhaustively with disciplinary actions and procedures.
3) Do your Appointment Letters covering "terms and conditions of employment" provide for disciplinary actions under certain specified situations?
4) Do you issue "Service Rules" to your employees formally and obtain their signatures in acknowledgment of having received the document?
5) There are two ways of dealing with disciplinary issues: educating, counseling, motivating employees to "fall in line" as it were, and the other way is the legal way!
6) But what is being complained of? Is it a habitual latecomer, rude, absentee case, coming to work under the influence of toxic substances? If these are known and the above questions are answered, one may be able to advise you better.
7) Always remember the law expects you to keep a reasonable balance between the gravity of misconduct and the seriousness of the punishment. It also expects you to follow the "principle of natural justice"! If you terminate the services of an employee for a first offense which may not be of a very serious nature, the law has the authority to reverse your decision, and that is why we have to take a lot of care in dealing with disciplinary actions!
You will learn in the course of time, but until then, do not be tempted by an illusory sense of power or succumb to pressures from the seniors.
I hope I have been able to shed some more light on your concern.
Now cheer up!
Regards,
Samvedan
December 2, 2010
From India, Pune
Acknowledge(0)Amend(0)
Disciplining erring employees is a subject of law! Kindly provide the following information.
1) Is your organization covered under the Factories Act or under the Shops and Commercial Establishments Act?
2) Do you employ more than 50 employees? If you do, you are likely covered under the Industrial Employment (Standing Orders) Act, 1946, which deals exhaustively with disciplinary actions and procedures.
3) Do your Appointment Letters covering "terms and conditions of employment" provide for disciplinary actions under certain specified situations?
4) Do you issue "Service Rules" to your employees formally and obtain their signatures in acknowledgment of having received the document?
5) There are two ways of dealing with disciplinary issues: educating, counseling, motivating employees to "fall in line" as it were, and the other way is the legal way!
6) But what is being complained of? Is it a habitual latecomer, rude, absentee case, coming to work under the influence of toxic substances? If these are known and the above questions are answered, one may be able to advise you better.
7) Always remember the law expects you to keep a reasonable balance between the gravity of misconduct and the seriousness of the punishment. It also expects you to follow the "principle of natural justice"! If you terminate the services of an employee for a first offense which may not be of a very serious nature, the law has the authority to reverse your decision, and that is why we have to take a lot of care in dealing with disciplinary actions!
You will learn in the course of time, but until then, do not be tempted by an illusory sense of power or succumb to pressures from the seniors.
I hope I have been able to shed some more light on your concern.
Now cheer up!
Regards,
Samvedan
December 2, 2010
From India, Pune
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DISCIPLINARY ACTIONS PROCEDURE.xls
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