Dear Neeta,
Sacking employee should not be thought only from the statutory viewpoint but from organisational viewpoint as well. Following points needs consideration:
a) Following legal procedure will it not enhance your image within the company - that you follow ethical business practices?
b) Following legal practices improves or maintains the morale of the employees that organisation is just.
c) If you sack employee without giving due notice morale of the current employee may go down. Will you be able to retain talent in such case? Will it foster attrition?
d) By following Hire and Fire policy will you able to attract better talent in future?
e) If employee was engaged in unethical business practices then what you audit department was doing? Why there were not proper checks and balances? How come no employee reported this fact to management? Or even if the fact was reported management dilly-dallied and now all of a sudden wants to take a stringent action to send a "right" message to all employees?
f) Indian Criminal Law stipulates that accused must be given a chance to defend himself and then only he/she should be pronounced as guilty. Why are you shy of giving chance to prove him not guilty?
g) Take disciplinary action notwithstanding his length of service.
h) For Mr Dev only: - Sacking of an employee by MNC without giving due notice is wholly illegal. Just that employee did not approach labour office does not mean that MNC was correct in sacking an employee. Law is equal for all it does not differentiate between Indian and foreign company! Day in day out we talk about "Values" "Ethical Business Practices", then where is the question of sacking an employee without notice?
Thanks,
Dinesh V Divekar
From India, Bangalore
7884Sacking employee should not be thought only from the statutory viewpoint but from organisational viewpoint as well. Following points needs consideration:
a) Following legal procedure will it not enhance your image within the company - that you follow ethical business practices?
b) Following legal practices improves or maintains the morale of the employees that organisation is just.
c) If you sack employee without giving due notice morale of the current employee may go down. Will you be able to retain talent in such case? Will it foster attrition?
d) By following Hire and Fire policy will you able to attract better talent in future?
e) If employee was engaged in unethical business practices then what you audit department was doing? Why there were not proper checks and balances? How come no employee reported this fact to management? Or even if the fact was reported management dilly-dallied and now all of a sudden wants to take a stringent action to send a "right" message to all employees?
f) Indian Criminal Law stipulates that accused must be given a chance to defend himself and then only he/she should be pronounced as guilty. Why are you shy of giving chance to prove him not guilty?
g) Take disciplinary action notwithstanding his length of service.
h) For Mr Dev only: - Sacking of an employee by MNC without giving due notice is wholly illegal. Just that employee did not approach labour office does not mean that MNC was correct in sacking an employee. Law is equal for all it does not differentiate between Indian and foreign company! Day in day out we talk about "Values" "Ethical Business Practices", then where is the question of sacking an employee without notice?
Thanks,
Dinesh V Divekar
From India, Bangalore
I guess I am 'senior' enough to give an advice in this matter by virtue of over two decades of experience, and this is my advice.
Go ahead and terminate his services, by giving him a letter of termination under the clause in the appointment letter that empowers the company to do so. Tell him not to come to the office any more, and give him one month's pay in lieu of notice. Your action would be perfectly legal and no court would question you since the appointment letter that he has accepted, with the clause about separation, is a valid contract. As far as the morale of other employees is concerned, I am sure by now everybody knows about whatever he has done, and are waiting to see what action the management is going to take in the matter.I can assure you that by sacking this person, you will be sending the right message across to the employees that the management brooks no nonsense of this sort will sternly act against anydody committing a breach of trust. Nobody is going to perceive this as a 'hire and fire policy' eithrer, unless your company has been sacking employees left right and center.
From India, Mumbai
Go ahead and terminate his services, by giving him a letter of termination under the clause in the appointment letter that empowers the company to do so. Tell him not to come to the office any more, and give him one month's pay in lieu of notice. Your action would be perfectly legal and no court would question you since the appointment letter that he has accepted, with the clause about separation, is a valid contract. As far as the morale of other employees is concerned, I am sure by now everybody knows about whatever he has done, and are waiting to see what action the management is going to take in the matter.I can assure you that by sacking this person, you will be sending the right message across to the employees that the management brooks no nonsense of this sort will sternly act against anydody committing a breach of trust. Nobody is going to perceive this as a 'hire and fire policy' eithrer, unless your company has been sacking employees left right and center.
From India, Mumbai
Dear Neeta,
Before sacking anyone, the principal of natural justice has to be followed and an oppurtunity of being heard must be given to the person concerned. This is mandatory whatever be the nature of the offence.
Sachin Jayaswal
Before sacking anyone, the principal of natural justice has to be followed and an oppurtunity of being heard must be given to the person concerned. This is mandatory whatever be the nature of the offence.
Sachin Jayaswal
Hi Neeta
If he is a managerial person even "Loss of trust" could be a reason for his removal.I suggest pay 'one month notice pay' with a letter stating that the management is not seeing a possible working relationship with him any more therefore enclosing a cheque towards one month notice pay as stipulated under --- clause of his appointment order and dispense him with out any stigma attached.
MSV
If he is a managerial person even "Loss of trust" could be a reason for his removal.I suggest pay 'one month notice pay' with a letter stating that the management is not seeing a possible working relationship with him any more therefore enclosing a cheque towards one month notice pay as stipulated under --- clause of his appointment order and dispense him with out any stigma attached.
MSV
An employee ca be " dismissed"// discharged , wit immediate effect, for the misconduct stated by you in this case. No Notice or pay in lieu thereof is mandatory. It is a case for dischager simplisiter.
The misconduct can be treated as as dereliction of duty / disobedience of Standing Orders / Rule of your Co framed thereunder.
Harsh
From India, Delhi
The misconduct can be treated as as dereliction of duty / disobedience of Standing Orders / Rule of your Co framed thereunder.
Harsh
From India, Delhi
Dear Neekita
As other clearly mentioned first thing is the intensity of the crime and also whether it is criminal or civil.
Both need to undergo series of procedures as clearly prescribed in the appoinment letter.
Each and every activities have to be documented and should be circulated to all the other employees in the organisation to create an insecurity for the employees for every unethical activites.
All the very best
R.Palanivelkumar MBA
From India, Coimbatore
As other clearly mentioned first thing is the intensity of the crime and also whether it is criminal or civil.
Both need to undergo series of procedures as clearly prescribed in the appoinment letter.
Each and every activities have to be documented and should be circulated to all the other employees in the organisation to create an insecurity for the employees for every unethical activites.
All the very best
R.Palanivelkumar MBA
From India, Coimbatore
Yes and employee can be terminated immediately without notice based on the below.
1) Proof or Evidence implying his unethical intentions
2) The clause of termination in his offer or appointment letter
3) Or the termination policy of the organization.
If there are any monetary or anyother kind of damage that has happened to the organization please mention the same coz you can always show him at its in the good interest of the organizatons growth and reputation that he is asked to leave. please note undisputed evidence have to be presented.
From United States, Washington
1) Proof or Evidence implying his unethical intentions
2) The clause of termination in his offer or appointment letter
3) Or the termination policy of the organization.
If there are any monetary or anyother kind of damage that has happened to the organization please mention the same coz you can always show him at its in the good interest of the organizatons growth and reputation that he is asked to leave. please note undisputed evidence have to be presented.
From United States, Washington
Hi Neetha,
First ascertain whether the misconduct demands termination as stated in the standing orders of the company. Talk to the employee and tell him about his misdeeds and ask him to resign immediately and tell him that his services will be terminated if he did not resign and he is being given an opportunity to resign so that you would not want to harm his carrer by terminating his services. Still if he does not budge, you can opt for the terminal punishment. A Manager cannot file a case in the labour court since he is not a worker. Only way he can claim damages is by filing a civil suit in the civil court. It his always better to get his resignation.
Sharath
From India, Maisuru
First ascertain whether the misconduct demands termination as stated in the standing orders of the company. Talk to the employee and tell him about his misdeeds and ask him to resign immediately and tell him that his services will be terminated if he did not resign and he is being given an opportunity to resign so that you would not want to harm his carrer by terminating his services. Still if he does not budge, you can opt for the terminal punishment. A Manager cannot file a case in the labour court since he is not a worker. Only way he can claim damages is by filing a civil suit in the civil court. It his always better to get his resignation.
Sharath
From India, Maisuru
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Employee Appraisal Form new.doc