Hi, Can we terminate a employee if he is found drinking in company premises while on duty. The employee is under probation. The employee has accepted his mistake and signed a letter in this regards as well. If we want to terminate him, are we required to pay him for the days he worked or can we withhold his salary
From India, Jalalpur
From India, Jalalpur
Greetings,
Does your Employment Letter or Letter of Appointment mention Drinking Alcohol or any kind of substance abuse during the office, in the office premises as a non-adherence to the Code of Conduct?
If yes, then you can dismiss him right away. In case this clause wasn't mentioned there, please include a lawyer.
No matter however correct it is to terminate someone for consuming alcohol at the office premises, you need to implement it rightly to avoid any kind of repercussions later.
Please him his dues and avoid holding any part of his salary. You are setting an example to the rest of the employees. Hence, remain fair and just.
From India, Mumbai
1859Does your Employment Letter or Letter of Appointment mention Drinking Alcohol or any kind of substance abuse during the office, in the office premises as a non-adherence to the Code of Conduct?
If yes, then you can dismiss him right away. In case this clause wasn't mentioned there, please include a lawyer.
No matter however correct it is to terminate someone for consuming alcohol at the office premises, you need to implement it rightly to avoid any kind of repercussions later.
Please him his dues and avoid holding any part of his salary. You are setting an example to the rest of the employees. Hence, remain fair and just.
From India, Mumbai
Dear Sameer,
Consumption of alcoholic drinks during working hours or at workplace is "misconduct" as per the standing orders. Therefore, there should not be a problem for the employee's termination. Nevertheless, statement accepting the misconduct by the employee is not sufficient. What if tomorrow the defaulting employee turns hostile and says that he had given the statement under duress? Therefore, disciplinary action should be based on material evidence. as well.
Thanks,
Dinesh Divekar
From India, Bangalore
Consumption of alcoholic drinks during working hours or at workplace is "misconduct" as per the standing orders. Therefore, there should not be a problem for the employee's termination. Nevertheless, statement accepting the misconduct by the employee is not sufficient. What if tomorrow the defaulting employee turns hostile and says that he had given the statement under duress? Therefore, disciplinary action should be based on material evidence. as well.
Thanks,
Dinesh Divekar
From India, Bangalore
Drinking alcohol on office premises while on duty is invariably a misconduct.However, it serves you well if it is enumerated as misconduct in the service rules/ terms of appointment.It is not proper to terminate an employee even if he is in managerial cadre summarily for an act of misconduct.Therefore you need to conduct a domestic inquiry after serving show cause notice on him before terminating him.
B.Saikumar
HR & Labour law advisor
From India, Mumbai
B.Saikumar
HR & Labour law advisor
From India, Mumbai
Drinking while on duty is dereliction of duty and needs to be punished.
Unfortunately many cases of drinking get away due to lack of proof of consuming liquor.
I know of cases where employee cooly stated it was sherbet and could not be proved.
How do you intend proving it was liquor?
From India, Pune
Unfortunately many cases of drinking get away due to lack of proof of consuming liquor.
I know of cases where employee cooly stated it was sherbet and could not be proved.
How do you intend proving it was liquor?
From India, Pune
Dear Dr GV Kumar,
You have come up with a solution from a social standpoint, nevertheless, we need to assess it's workability.
Business environment in India is fiercely competitive. Competition keeps business persons on their toes. Their primary objective is to satisfy customers, expand business horizons by introducing innovative products or services and get fair returns on their investment.
Against this backdrop, allocating some funds for social cause like flood relief or earthquake is one thing and giving chance to defaulting employee to reform is another. Hardly any business person will find worthiness in spending time in counselling a delinquent employee to correct his/her behaviour. Counselling centres are there only in very big factories. However, their tangible results are not known.
Leadership demands use of coercive power when situation merits. Application of law or coercive power helps in creating deterrence and this very deterrence helps in building organisation's culture as well. When we start counselling a defaulting employee, what if few other employees also commit some other act of indiscipline? Should we counsel them too?
Institutions are built by nurturing employees. We need to give them remuneration as per the market standards, train them, motivate them and finally engage them. However, nurturing is different ftom pampering. Today when we accommodate someone's delinquencies, we forever have to be accommodative. Take example of our country itself. Our first Prime Minister Pt Jawaharlal Nehru allowed termite of indiscipline to grow under his feet. Had he been very strict right from the beginning, many of today's problems could have been circumvented. Today indiscipline has become part of our DNA. How to change the blood in the entire body is a challenge.
Argyr has compared discipline with hot stove. Hot stove gives equal burns irrespective of whose fingers these are. Wisdom dawns when fingers are burnt. A level-headed person understands the risk of straying from path. Those who take this risk, they do it at their own peril.
Thanks,
Dinesh Divekar
From India, Bangalore
You have come up with a solution from a social standpoint, nevertheless, we need to assess it's workability.
Business environment in India is fiercely competitive. Competition keeps business persons on their toes. Their primary objective is to satisfy customers, expand business horizons by introducing innovative products or services and get fair returns on their investment.
Against this backdrop, allocating some funds for social cause like flood relief or earthquake is one thing and giving chance to defaulting employee to reform is another. Hardly any business person will find worthiness in spending time in counselling a delinquent employee to correct his/her behaviour. Counselling centres are there only in very big factories. However, their tangible results are not known.
Leadership demands use of coercive power when situation merits. Application of law or coercive power helps in creating deterrence and this very deterrence helps in building organisation's culture as well. When we start counselling a defaulting employee, what if few other employees also commit some other act of indiscipline? Should we counsel them too?
Institutions are built by nurturing employees. We need to give them remuneration as per the market standards, train them, motivate them and finally engage them. However, nurturing is different ftom pampering. Today when we accommodate someone's delinquencies, we forever have to be accommodative. Take example of our country itself. Our first Prime Minister Pt Jawaharlal Nehru allowed termite of indiscipline to grow under his feet. Had he been very strict right from the beginning, many of today's problems could have been circumvented. Today indiscipline has become part of our DNA. How to change the blood in the entire body is a challenge.
Argyr has compared discipline with hot stove. Hot stove gives equal burns irrespective of whose fingers these are. Wisdom dawns when fingers are burnt. A level-headed person understands the risk of straying from path. Those who take this risk, they do it at their own peril.
Thanks,
Dinesh Divekar
From India, Bangalore
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