Instant termination lawful? I am working as an admin officer on a construction project. Sometimes, I have to terminate workers instantly for negligence of duty, which might hamper our work schedule. We have committed to our respective client for completion in due time.
From Bangladesh, Dhaka
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Dear Mostafa, Immediate reply to the query would be yes, it is unlawful to terminate any worker on the spot. If the misconduct of the employee is serious, then the employer should order a domestic enquiry. If the misconduct is proved, then the worker may be terminated. Nevertheless, there are practical difficulties in implementation. If this legal process is followed in letter and spirit, then at the construction site, you need to have a dedicated room for conducting the enquiries. In the Indian context, it is beyond anyone's imagination.

The downside of the instant delivery of justice is that an innocent person may not get a chance to prove his point. It vitiates the work atmosphere. But then construction companies have to handle far larger issues and hardly have time to consider humans as a valuable asset of the business.

As a via media, you may give a show cause notice to the worker and ask for an explanation. If the explanation is not satisfactory, you may terminate the employee. By doing this, you will have at least some documentation at hand.

By the way, why was there a need to ask about the legality of the termination of construction workers? As such, they are in short supply, and even if you remove them, they can find jobs elsewhere. Thinking that such persons could raise an industrial dispute stretches one's imagination to an unreasonable level.

Last but not least, why bother about workers when your industry is known for on-the-spot removal of managers as well? Though I am making a sweeping statement, in the construction sector, bulldozers are used for construction activities as much as for bulldozing people. Therefore, be as it may and move on!

Thanks,

Dinesh Divekar

From India, Bangalore
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SA
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Like Dinesh & Nathrao suggested, there's nothing like 'Instant' anything, be it termination or anything else... except MAYBE "Instant Coffee". Not sure what you mean by saying 'I had to terminate a worker instantly for negligence of duty...'. Who's pressurizing you to terminate—management? You always have an option to think differently & act differently.

Alternative Actions to Instant Termination

Like Dinesh mentioned, use other means of acting against such employees as the first-level step. Quite often, the very fear/threat of the possibility of drastic action helps in controlling such employees.

Having said this, I also understand that there COULD be absolutely incorrigible workers... what you do as a routine step MAY be applicable to them. But DON'T use it as a general practice.

Regards, TS

From India, Hyderabad
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Instant termination does not improve any company's goodwill. There is no law against it. Please have a talk with your management, HR, and also, if you don't make any big blunders on your work site, then a show-cause notice should be served by the company, giving ample time to reply. Without knowing both sides of the allegation, one-sided action is not legal in Indian Labour Law.
From India, Calcutta
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Sorry to see the sad state of affairs in this "Unorganized sector of the modern world." It is regrettable to note that this construction/real estate sector will never be organized because the investors and leaders prefer to operate in grey areas. There is so much of an undercurrent to manage as most of them operate with tons of hard cash, and the regrettable part is that the regulatory bodies turn a blind eye to it.

Instant Termination in the Construction Sector

Coming back to instant termination in this segment, it is a very common phenomenon because they also believe the nexus with antisocial elements is so evident that they can be used to threaten such innocent victims of instant terminations. By any length of professional imagination, we all, as HR professionals, should enlighten and educate the decision-makers that it is highly illegal and against all principles of natural justice. No matter how big the misconduct is, you can at most suspend pending inquiry. Thus, you cannot terminate instantly any staff who is deemed regular without due process of the law. I agree with the points that Mr. Dinesh has made. I am sure you see the point: "None can be punished without being heard."

Need for a Separate Regulatory Body

Actually, you need a separate regulatory body to monitor these construction-related injustices and the breakdown of the legal process, which are glaring in the day-to-day functioning of real estate cum construction companies. My suggestion is to keep flagging such draconian acts and persuade them to change their "hell let loose" attitude towards weaker sections of the talent pool.

Regards

From India, Madras
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If some of the casual/temporary workers directly engaged misbehave or are negligent in their work, and if some workers engaged through contractors also indulge in a similar manner, you have to remove them in the interest of maintaining discipline and safety in the construction industry. Please be judicious and take the site officials and some senior workers into confidence when making decisions.

Regards,
N. Nataraajhan
Sakthi Management Services
[Phone Number Removed For Privacy Reasons]
[Email Removed For Privacy Reasons]

From India, Bangalore
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In India, the Industrial Disputes Act has a provision for "Discharge Simpliciter." However, the very action of termination, such as Discharge Simpliciter, has not been favorable for companies like ours. Please issue a show cause notice asking for an explanation within 24 hours. Afterward, explain all about the nature of misconduct in its sequences clearly in the termination letter, stating that the misconduct is so grave, clear, and evident that a domestic inquiry is not deemed necessary to institute at this juncture.

Furthermore, mention that in case the workman raises an industrial dispute challenging the termination action for adjudication, a domestic inquiry before a judicial authority will be conducted for the satisfaction of the competent court/tribunal by the management. Following this procedure, terminate him, which should be a plea in your written statement/reply if he decides to contest his termination.

Regards,
RDS Yadav
Labour Law Adviser
Director - Future Institute of Management and Technology

From India, Delhi
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