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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If you suspect that an "employee who is applying for a job with 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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Warm regards.
From India, Delhi
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Considerations Before Termination
After what Mr. Rajkumar Hansdah has said, I actually do not need to add anything. However, there are some basics you must know to avoid being trigger-happy and ending up shooting without aiming!
Kindly consider:
1. Is looking for a job (even with a client company) considered 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 the 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 as 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 to be heard.
6. Industrial jurisprudence demands that the "quantum of punishment and the gravity of misconduct" have to be proportionate. Furthermore, it is found difficult in the 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 proceed, 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.
Regards,
Samvedan
From India, Pune
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After what Mr. Rajkumar Hansdah has said, I actually do not need to add anything. However, there are some basics you must know to avoid being trigger-happy and ending up shooting without aiming!
Kindly consider:
1. Is looking for a job (even with a client company) considered 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 the 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 as 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 to be heard.
6. Industrial jurisprudence demands that the "quantum of punishment and the gravity of misconduct" have to be proportionate. Furthermore, it is found difficult in the 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 proceed, 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.
Regards,
Samvedan
From India, Pune
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DISCIPLINARY ACTIONS PROCEDURE.xls
Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf