Hi,
I am a new member. i need some idea on the points that needs to be taken care of before we go ahead and terminate an employee. More importantly, need some guidance as per the Labor Laws.
Regards,
Lakshmi
From India, Ghaziabad
I am a new member. i need some idea on the points that needs to be taken care of before we go ahead and terminate an employee. More importantly, need some guidance as per the Labor Laws.
Regards,
Lakshmi
From India, Ghaziabad
Hi,
Until and unless we know the details of the misconduct or else we may not be able to suggest you. However termination is a last resort and very painful for both the parties, the employee has to suffer due to unemployment, the employer has to suffer if the terminated employee approaches legally.
You have to try to correct the employee with warnings, minor punishments, positively the employee may repent, if not then basing on the file builded go for a domestic enquiry, obtain the report from the enquiry officer and proceed.
Regards - kamesh
From India, Hyderabad
186Until and unless we know the details of the misconduct or else we may not be able to suggest you. However termination is a last resort and very painful for both the parties, the employee has to suffer due to unemployment, the employer has to suffer if the terminated employee approaches legally.
You have to try to correct the employee with warnings, minor punishments, positively the employee may repent, if not then basing on the file builded go for a domestic enquiry, obtain the report from the enquiry officer and proceed.
Regards - kamesh
From India, Hyderabad
Dear Lakshmi,
Conduct domestic enquiry and let the misconduct be proved. Give a chance to the accused to defend his/her case.
Just recently I had given my comments on domestic enquiry. Refer the following thread:
https://www.citehr.com/382497-how-ha...ml#post1758227
Ok...
Dinesh V Divekar
Beware of false knowledge; it is more dangerous than ignorance.
From India, Bangalore
Conduct domestic enquiry and let the misconduct be proved. Give a chance to the accused to defend his/her case.
Just recently I had given my comments on domestic enquiry. Refer the following thread:
https://www.citehr.com/382497-how-ha...ml#post1758227
Ok...
Dinesh V Divekar
Beware of false knowledge; it is more dangerous than ignorance.
From India, Bangalore
dear lakshmi
There are two types of terminations as per the labour laws. One is the punitive termination, i.e. for any misconduct committed by the employee which is a misconduct as per the standing orders, in that case you are required to issue a chargesheet, ask for explanation, conduct domestic enquiry and if the misconduct is proved, you are required to examine the past record of serivce. A copy of enquiry findings to be supplied to workman. Then you need to examine if the misconduct is serious enough to warrant the punishment of termination.
The second type of termination is by way of retrenchment, i.e. surplusage of labour. In this type of termination, you need to have genuine reasons for surplusage in the category of workmen which you wish to retrench. The principle of last come first go is to be followed and retrenchment compensation at prescribed rates is to be paid.
ms sawant
From India, Pune
There are two types of terminations as per the labour laws. One is the punitive termination, i.e. for any misconduct committed by the employee which is a misconduct as per the standing orders, in that case you are required to issue a chargesheet, ask for explanation, conduct domestic enquiry and if the misconduct is proved, you are required to examine the past record of serivce. A copy of enquiry findings to be supplied to workman. Then you need to examine if the misconduct is serious enough to warrant the punishment of termination.
The second type of termination is by way of retrenchment, i.e. surplusage of labour. In this type of termination, you need to have genuine reasons for surplusage in the category of workmen which you wish to retrench. The principle of last come first go is to be followed and retrenchment compensation at prescribed rates is to be paid.
ms sawant
From India, Pune
Dear Lakshmi,
When it comes to employee termination you need to take carefull step.From your end you need to clear that why your terminating this employee.Same time as per my knowledge you need to follow the steps below said.
1.Issuing the notice
2.Showcause notice
3.Domestic enquiry
4.Findings
5.If its proved of his missconduct then only termination.
If it is illeagal termination,employee can go upto labor court...Dear seniors if any corrections pls suugest me.
Regards
Umesh
From India
When it comes to employee termination you need to take carefull step.From your end you need to clear that why your terminating this employee.Same time as per my knowledge you need to follow the steps below said.
1.Issuing the notice
2.Showcause notice
3.Domestic enquiry
4.Findings
5.If its proved of his missconduct then only termination.
If it is illeagal termination,employee can go upto labor court...Dear seniors if any corrections pls suugest me.
Regards
Umesh
From India
Dear Lackshmi,
Dear Lackshmi,
Like other HR veterans said, termination is the last resort and it should be done very carefully as there are always challenges if not done in compliance with legal requirements in your country, one thing that you should ask yourself is that if you were a judge in this sittings what would be your verdict. Then check if your decision will pass the test of law: What did the person did, was he/she aware of the misconduct or he/she was reasonably expected to be aware, was the rule reasonable, is he/she aware of the consequences’ of misdemeanour, was the rule consistently applied before, did your actions comply with the principle of, the principle of audi alteram partem rule,
Mashilo
From South Africa, Pretoria
Dear Lackshmi,
Like other HR veterans said, termination is the last resort and it should be done very carefully as there are always challenges if not done in compliance with legal requirements in your country, one thing that you should ask yourself is that if you were a judge in this sittings what would be your verdict. Then check if your decision will pass the test of law: What did the person did, was he/she aware of the misconduct or he/she was reasonably expected to be aware, was the rule reasonable, is he/she aware of the consequences’ of misdemeanour, was the rule consistently applied before, did your actions comply with the principle of, the principle of audi alteram partem rule,
Mashilo
From South Africa, Pretoria
before termination,the accused is supposed to be suspended wiith half pay as investigations are going on and its after the investigations that the accused faces the displinary commitee which decides his or her fate.well the final decission shd be just and fair.before investigations,never terminate any employee because in the end the accused may end up into the labour court claiming that termination was done unfairly.
From Uganda
From Uganda
Termination is the last step of disciplinary process. You cannot terminate abruptly any one which attracts the legal problems. If any employee committed an irregularity, the Management in the first instance call for the explanation of the individual to find out the employees version. If the Management not satisfied with the explanation, then it will appoint a preliminary inquiry officer to find out the primafacie of the incident and to know how the employee is responsible for the irregularity. If it is proved in the preliminary inquiry, then the management has to constitute a regular Inquiry Officer, to conduct a detailed inquiry in to the matter. The Inquiring authority has to give ample opportunity to the Accused Officer to put forth his statement of defence against the charge. In case the charges are proved against the employee, then the Management has to take a decision to aware punishment to the gravity of the charge. If it is a small irregularity, the Management has to give minor punishment, like Censure, stoppage of increment for one year or more than one year, with or without cumulative effect and allow the employee to continue in service.
If it is a grave irregularity causing much damage to the Institution or huge financial loss to the organization, then the Management may terminate the services of the employee, after giving a final notice to the employee to have an opportunity to say any further material evidence on the charge, in the interests of natural justice, and after considering the final explanation from the employee, the Management may issue termination Notice. Though it is a lengthy procedure, the appointing authority has to follow the detailed procedure, to avoid further legal problems on the disciplinary proceedings issued.
From Canada, Calgary
If it is a grave irregularity causing much damage to the Institution or huge financial loss to the organization, then the Management may terminate the services of the employee, after giving a final notice to the employee to have an opportunity to say any further material evidence on the charge, in the interests of natural justice, and after considering the final explanation from the employee, the Management may issue termination Notice. Though it is a lengthy procedure, the appointing authority has to follow the detailed procedure, to avoid further legal problems on the disciplinary proceedings issued.
From Canada, Calgary
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Termination-emp loyment_563.pdf
Termination letter.doc