Dear Seniors,
I have a query regarding terminations to be carried out. What are the processes to be followed? How can we make a policy for the same? Please guide me to draft the same.
Thanks in advance.
From India, Pune
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1I have a query regarding terminations to be carried out. What are the processes to be followed? How can we make a policy for the same? Please guide me to draft the same.
Thanks in advance.
From India, Pune
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Dear friend,
First and foremost, when you ask a query to seniors, business etiquette demands disclosure of your name, designation, and the type of company you represent. The process of employee discipline is outlined in the Industrial Standing Orders. Instead of creating a separate policy, what you need to do is to have the standing orders approved for your company. Termination occurs due to misconduct, with the types of misconduct well defined in the standing orders.
Standing orders are approved by the Assistant Labour Commissioner and are akin to the constitution of your company. Any action taken in accordance with the standing orders is valid under labor laws, and courts typically do not interfere if the action aligns with the standing orders. Please review the standing orders act of your state where your company is located.
Ok...
Dinesh V Divekar
"Beware of false knowledge; it is more dangerous than ignorance."
From India, Bangalore
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First and foremost, when you ask a query to seniors, business etiquette demands disclosure of your name, designation, and the type of company you represent. The process of employee discipline is outlined in the Industrial Standing Orders. Instead of creating a separate policy, what you need to do is to have the standing orders approved for your company. Termination occurs due to misconduct, with the types of misconduct well defined in the standing orders.
Standing orders are approved by the Assistant Labour Commissioner and are akin to the constitution of your company. Any action taken in accordance with the standing orders is valid under labor laws, and courts typically do not interfere if the action aligns with the standing orders. Please review the standing orders act of your state where your company is located.
Ok...
Dinesh V Divekar
"Beware of false knowledge; it is more dangerous than ignorance."
From India, Bangalore
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Hi!
For seasoned HR practitioners, the termination of employment is a critical process that must be handled carefully and should strictly comply with the requirements of the Labor Law and other local laws in the area/country where a company operates in order to avoid charges of illegal dismissal, reinstatement, and back wages.
In order to do this, a company must always observe the so-called "DUE PROCESS" mandated by your laws, especially the Labor Law!
But because not all managers (or even executives) are familiar with labor laws, a company must set up labor relations policies and guidelines, especially the so-called "Discipline Handling Process Guide" which states the detailed procedures and responsibilities of each party that will be involved in discipline decisions. This may even include the creation of a Discipline Committee.
My company can help you set up the entire process and give you all the policies that you will need in this area.
Contact us if you need external help and have a budget.
Best regards.
Ed Llarena, Jr.
Managing Partner
Emilla International Consulting Services
From Philippines, Parañaque
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For seasoned HR practitioners, the termination of employment is a critical process that must be handled carefully and should strictly comply with the requirements of the Labor Law and other local laws in the area/country where a company operates in order to avoid charges of illegal dismissal, reinstatement, and back wages.
In order to do this, a company must always observe the so-called "DUE PROCESS" mandated by your laws, especially the Labor Law!
But because not all managers (or even executives) are familiar with labor laws, a company must set up labor relations policies and guidelines, especially the so-called "Discipline Handling Process Guide" which states the detailed procedures and responsibilities of each party that will be involved in discipline decisions. This may even include the creation of a Discipline Committee.
My company can help you set up the entire process and give you all the policies that you will need in this area.
Contact us if you need external help and have a budget.
Best regards.
Ed Llarena, Jr.
Managing Partner
Emilla International Consulting Services
From Philippines, Parañaque
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