Dear sir,
We have issued a charge sheet to an employee regarding his excessive absenteeism without prior information. He did not provide a written explanation promptly. Subsequently, we issued him an opportunity letter, stating that if he fails to provide a written explanation for his indiscipline within three days, the company will terminate his employment after the completion of three days.
After one day, he submitted a written explanation, but I find it unsatisfactory. What should I do? Should I terminate him, and what would be the legality of such an action?
Please guide me.
Regards,
From India, Lucknow
Acknowledge(0)
Amend(0)
10We have issued a charge sheet to an employee regarding his excessive absenteeism without prior information. He did not provide a written explanation promptly. Subsequently, we issued him an opportunity letter, stating that if he fails to provide a written explanation for his indiscipline within three days, the company will terminate his employment after the completion of three days.
After one day, he submitted a written explanation, but I find it unsatisfactory. What should I do? Should I terminate him, and what would be the legality of such an action?
Please guide me.
Regards,
From India, Lucknow
Acknowledge(0)Amend(0)
you cannot terminate him untill you give him memo for period of three month akhilesh pathak HR KARM SALES & SERVICE RAIPUR
From India, Bhopal
Acknowledge(0)Amend(0)
From India, Bhopal
Acknowledge(0)Amend(0)
In this case, you can take action against the defaulting employee only as per the "termination" clause of your company's certified standing orders.
Secondly, before terminating the employee, there are certain steps to be followed. First, issue a show cause notice, then obtain a written explanation. If not satisfied, conduct a proper enquiry, and only the appointing authority can issue a termination notice to the employee. If proper steps are not followed, the termination order can be quashed.
From India, Dehra Dun
Acknowledge(0)Amend(0)
Secondly, before terminating the employee, there are certain steps to be followed. First, issue a show cause notice, then obtain a written explanation. If not satisfied, conduct a proper enquiry, and only the appointing authority can issue a termination notice to the employee. If proper steps are not followed, the termination order can be quashed.
From India, Dehra Dun
Acknowledge(0)Amend(0)
Memo will give to him (cc) copy will be send to his head and dept. file. Charge sheet will go to his personal file and it will effect on his Appriasal.
From India, Madras
Acknowledge(0)Amend(0)
From India, Madras
Acknowledge(0)Amend(0)
I think you can terminate him if you do not find his reply satisfactory (and it stands to reason). However, it would be better if you also quote the termination clause of his appointment letter, and termination is signed by the appointing authority only.
From India, Delhi
Acknowledge(0)Amend(0)
From India, Delhi
Acknowledge(0)Amend(0)
Dear Shekhar,
You have issued a charge sheet, and he has replied to that. Basically, do not issue such type of letter stating that if you do not reply within three days, the company will terminate you. Please never write this type of letter because it shows your intention that you want to terminate him. Okay, now leave it.
If you are not satisfied with his answer, then order a domestic inquiry. It will be conducted following the principles of natural justice. You will present all your evidence during the inquiry, and at the same time, the worker will also have a chance to defend himself.
After the inquiry report, send a second show cause with the proposed punishment and the inquiry report. Ask the individual for any objections. After receiving his reply or if no reply is received, only then terminate.
Do not make hasty decisions.
Regards,
J. S. Malik
From India, Delhi
Acknowledge(0)Amend(0)
You have issued a charge sheet, and he has replied to that. Basically, do not issue such type of letter stating that if you do not reply within three days, the company will terminate you. Please never write this type of letter because it shows your intention that you want to terminate him. Okay, now leave it.
If you are not satisfied with his answer, then order a domestic inquiry. It will be conducted following the principles of natural justice. You will present all your evidence during the inquiry, and at the same time, the worker will also have a chance to defend himself.
After the inquiry report, send a second show cause with the proposed punishment and the inquiry report. Ask the individual for any objections. After receiving his reply or if no reply is received, only then terminate.
Do not make hasty decisions.
Regards,
J. S. Malik
From India, Delhi
Acknowledge(0)Amend(0)
It depends on whether your company has such a rule. If an employee is absent for certain days without any valid reason, then you can terminate him. Ask him for proof to explain his absence. If the explanation is found unsatisfactory, then you can terminate him.
From India, Nasik
Acknowledge(0)Amend(0)
From India, Nasik
Acknowledge(0)Amend(0)
Dear Floppy,
If you make a company rule to terminate someone as per your choice, then you will terminate them. Tomorrow, if you make a company rule to kill someone, then you will be entitled to kill them. What logic have you given?
If you make any company policy against the law of the land, it will be void ab initio and will not stand in a court of law.
Sorry for the harsh language.
Regards,
J.S. Malik
From India, Delhi
Acknowledge(0)Amend(0)
If you make a company rule to terminate someone as per your choice, then you will terminate them. Tomorrow, if you make a company rule to kill someone, then you will be entitled to kill them. What logic have you given?
If you make any company policy against the law of the land, it will be void ab initio and will not stand in a court of law.
Sorry for the harsh language.
Regards,
J.S. Malik
From India, Delhi
Acknowledge(0)Amend(0)
Mr. Shekhar,
I agree with Mr. Malik, sir. Without following the principles of natural justice, you can't terminate anybody. If you do terminate, the court will make a decision in favor of the employee from the labor side.
Do the work completely; otherwise, why bother?
Sacheein
From India, Mumbai
Acknowledge(0)Amend(0)
I agree with Mr. Malik, sir. Without following the principles of natural justice, you can't terminate anybody. If you do terminate, the court will make a decision in favor of the employee from the labor side.
Do the work completely; otherwise, why bother?
Sacheein
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Shekhar,
I quite agree with Mr. J S Malik's statements. The purpose and practice of HR are all about strengthening a company and providing employees with a better workplace and an appropriate environment.
If termination is seen as the solution to absenteeism, then you are on the wrong track. What is your contribution and creativity? There are several ways to address this situation. I suggest trying them out instead of making hasty decisions that could result in losing a skilled person.
Have you personally visited this employee or tried to get to know them on a personal level to understand the real reason behind their behavior? Do not be a scapegoat; face the situation and work towards resolving it.
Avoid using certain words like "Hire and Fire" or "Terminate," and refrain from making hasty and rash decisions as it may give the impression of egocentrism and improper practices.
If the employee/s are not sharing their workplace-related problems or if these issues are affecting the work environment, it is high time to take some positive initiatives.
In conclusion, feel free to disregard my advice if you do not find it helpful.
Thank you.
From India, Delhi
Acknowledge(0)Amend(0)
I quite agree with Mr. J S Malik's statements. The purpose and practice of HR are all about strengthening a company and providing employees with a better workplace and an appropriate environment.
If termination is seen as the solution to absenteeism, then you are on the wrong track. What is your contribution and creativity? There are several ways to address this situation. I suggest trying them out instead of making hasty decisions that could result in losing a skilled person.
Have you personally visited this employee or tried to get to know them on a personal level to understand the real reason behind their behavior? Do not be a scapegoat; face the situation and work towards resolving it.
Avoid using certain words like "Hire and Fire" or "Terminate," and refrain from making hasty and rash decisions as it may give the impression of egocentrism and improper practices.
If the employee/s are not sharing their workplace-related problems or if these issues are affecting the work environment, it is high time to take some positive initiatives.
In conclusion, feel free to disregard my advice if you do not find it helpful.
Thank you.
From India, Delhi
Acknowledge(0)Amend(0)
Dear Sir,
Here, I mean to say that if your company has a certain policy about terminating someone for absence without any proper reason, it should be considered carefully. While creating company policies, it is important to note that government regulations do not permit policies that involve harming someone physically.
From India, Nasik
Acknowledge(0)Amend(0)
Here, I mean to say that if your company has a certain policy about terminating someone for absence without any proper reason, it should be considered carefully. While creating company policies, it is important to note that government regulations do not permit policies that involve harming someone physically.
From India, Nasik
Acknowledge(0)Amend(0)
Dear Shekhar, Whatever Mr.Malik said is true,You have to go proper channel, otherwise you will face problems of labour court. Regs L
From India, Bangalore
Acknowledge(0)Amend(0)
From India, Bangalore
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
HR Manual (Employee Hand Book).doc