Well Simi, the game has now assumed a different dimension. The guy, it seems, is working in tandem with a legal expert and wants to use termination letter to his advantage by laying claim before the authorities for reinstatment as well as three months' notice pay. Since your record says, he has been absconding since 22nd October, I suggest, you must issue him a letter at once asking him to resume his duties immediately. If he doesn't reply (which he will not) start the process of conducting a Domestic Enquiry. Considering the scenario, all charges levelled against him (absenting unauthorisedly since 22.10.2012 without intimation, misbehaviour with the colleagues /superios, double employment (since he is still on the rolls of your organisation and your employee, he cannot join another company) etc. will be easily proved in the enquiry. In all possibilty, he may not attend the enquiry proceedings at all and the enquiry may be conducted ex-parte. Once you get the Enquiry Report, issue him a termination letter along with all legal dues payable to him.
Please rope in a good labour law advocate who knows how to conduct domestic enquiry. Your guy appears to be a bit smart, get rid of him asap and in a thorough and proper manner. Concurrently, you can also write a letter to HR Manager of his current company and explain in detail about his nature, behaviour and incidents of misconduct which he did in your company. I am sure, once he lands in trouble in his current company, he will rush begging to you for unconditional settlement. (kabhi kabhi ungali tedhi harni hi padti hai !)
All the best !
Rgds,
Rakesh Pd Srivastav
From India, Gurgaon
32Please rope in a good labour law advocate who knows how to conduct domestic enquiry. Your guy appears to be a bit smart, get rid of him asap and in a thorough and proper manner. Concurrently, you can also write a letter to HR Manager of his current company and explain in detail about his nature, behaviour and incidents of misconduct which he did in your company. I am sure, once he lands in trouble in his current company, he will rush begging to you for unconditional settlement. (kabhi kabhi ungali tedhi harni hi padti hai !)
All the best !
Rgds,
Rakesh Pd Srivastav
From India, Gurgaon
Dear friend
If you want to terminate an employee either temporary or permanent, on the basis of misconduct and unauthorized absence, you have to follow the due procedure to avoid further legal complications. In the first instance, you have to conduct a domestic inquiry by appointing an Inquiry Officer to conduct inquiry on the imputations of misconduct. After receipt of Inquiry Report, and if the imputations of misconduct against the employee proved beyond doubt, you have to issue a final show cause Notice to the employee, giving him an opportunity to put forth his explanation with in one week or so. After receipt of the explanation, you have to examine the explanation of the employee in greater detail, and if the explanation is not satisfactory, you can issue termination orders on the employee. This initiative will meet the ends of natural justice. Otherwise, it will be a legal problem for you.
In case the imputations of misconduct against the employee are not proved in the inquiry, it is not possible to terminate the employee as it will attract the legal provisions.
So, it is highly essential that due care has to be taken in such cases, as the termination of the employee comes under Major punishment.
Suri Babu Komakula
From Canada, Calgary
If you want to terminate an employee either temporary or permanent, on the basis of misconduct and unauthorized absence, you have to follow the due procedure to avoid further legal complications. In the first instance, you have to conduct a domestic inquiry by appointing an Inquiry Officer to conduct inquiry on the imputations of misconduct. After receipt of Inquiry Report, and if the imputations of misconduct against the employee proved beyond doubt, you have to issue a final show cause Notice to the employee, giving him an opportunity to put forth his explanation with in one week or so. After receipt of the explanation, you have to examine the explanation of the employee in greater detail, and if the explanation is not satisfactory, you can issue termination orders on the employee. This initiative will meet the ends of natural justice. Otherwise, it will be a legal problem for you.
In case the imputations of misconduct against the employee are not proved in the inquiry, it is not possible to terminate the employee as it will attract the legal provisions.
So, it is highly essential that due care has to be taken in such cases, as the termination of the employee comes under Major punishment.
Suri Babu Komakula
From Canada, Calgary
It is only if the Standing Orders of the Co. provides for a Show Cause Notice to be isued to the employee, before inflicting the decided punishment upon him, that one needs to do so.
What perhaps you mean to convey is that once the management is sure about about the kind of punishment that they have decide to inflict upon the charge sheeted employee (found guilty by the EO) a Show Cause Notice is issued to the employee asking him to explain why the said punishment should not be inflicted upon him. In the said Show Cause the past record is also to be taken into consideration to see if there are any extenuating or precipitating circumstances to either take a lenient view or otherwise against the employee.
Best Wishes,
Vasant Nair
From India, Mumbai
What perhaps you mean to convey is that once the management is sure about about the kind of punishment that they have decide to inflict upon the charge sheeted employee (found guilty by the EO) a Show Cause Notice is issued to the employee asking him to explain why the said punishment should not be inflicted upon him. In the said Show Cause the past record is also to be taken into consideration to see if there are any extenuating or precipitating circumstances to either take a lenient view or otherwise against the employee.
Best Wishes,
Vasant Nair
From India, Mumbai
Dear Simi,
I forgot one thing, now picture is very much clear, if it is reliably learnt that he has joined the other co. and you could acquire some sort of a proof of it, nothing is necessary, this itself an evidence of his illegal activity and straight away file a charge sheet in the domestic inquiry "Order sheet" appoint an inquiry officer , as per your S.O, record what are all the efforts U have taken to trace him and finally his joining other co. and his demand for 3 months notice pay as a thread (orally or SMS or thro what ?) and go for dismissal and not termination forfeiting all benefits except PF. As Termination would convey a different meaning. Also simultaneously file the FIR under Cr.PC (not under CPC) with the police that he has not handed over and vanished etc as an extra support. and close his file for the present of course.
kumar.s.
From India, Bangalore
I forgot one thing, now picture is very much clear, if it is reliably learnt that he has joined the other co. and you could acquire some sort of a proof of it, nothing is necessary, this itself an evidence of his illegal activity and straight away file a charge sheet in the domestic inquiry "Order sheet" appoint an inquiry officer , as per your S.O, record what are all the efforts U have taken to trace him and finally his joining other co. and his demand for 3 months notice pay as a thread (orally or SMS or thro what ?) and go for dismissal and not termination forfeiting all benefits except PF. As Termination would convey a different meaning. Also simultaneously file the FIR under Cr.PC (not under CPC) with the police that he has not handed over and vanished etc as an extra support. and close his file for the present of course.
kumar.s.
From India, Bangalore
Mr. Simihanspal,
Firstly Consider The Sections of ur Standing Orders containing the cations to be taken in case of Regular Absenteeism and Misconduct.
If you want to get rid os this employee you can transfer him to any of your Branch, where he can not approach.
You can also give him Show Cause Notice about the reason of his Absenteeism and Misconduct.
I
If the concerned Employee is a probessioner than you can terminate his service without any Notice.
Soniya Bhardwaj
HR Professional
From India, Chandra
Firstly Consider The Sections of ur Standing Orders containing the cations to be taken in case of Regular Absenteeism and Misconduct.
If you want to get rid os this employee you can transfer him to any of your Branch, where he can not approach.
You can also give him Show Cause Notice about the reason of his Absenteeism and Misconduct.
I
If the concerned Employee is a probessioner than you can terminate his service without any Notice.
Soniya Bhardwaj
HR Professional
From India, Chandra
Sir..if management made a/c settlement clause of self termination if u absent for 10 days
Of appointment letter.
Employee not reported duty on transferred north east city of India where psu do not have any establishment or
Office made to work from home.
Pls guide asap.
From India, Bangalore
Of appointment letter.
Employee not reported duty on transferred north east city of India where psu do not have any establishment or
Office made to work from home.
Pls guide asap.
From India, Bangalore
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.
Termination-emp loyment_563.pdf
Termination letter.doc