Hello members,
Recently, my mind was triggered by one issue and i've been wondering what could be the best solution to this problem, so i would like to share this with all of you....
I have seen cases where employees are terminated suddenly, just by informing them on THAT DAY. Their accounts are cleared and they are terminated immediately.
I think that this is unfair. When employers ask 15-30 days notice from their employees before they are leaving. Don't employees also need the same right ? they also should be intimated earlier so that they can look out for another job. Because sometimes there may be cases when people are very dependent on their job.
But, on thinking on the other side of the coin....i also felt that, if the employees are told before hand, there may be cases when the employee is performing without any interest for the rest of the days(which the employer does not have to tolerate) and in worst cases may try to leak out any confidential information.
So, friends and seniors, please express your views........
1. What are the ways to deal with this problem
2. How does your company go about this procedure (termination)?
3. What is legally the right procedure to do it?
Please help.....
Regards,
Smita
From India, Visakhapatnam
Recently, my mind was triggered by one issue and i've been wondering what could be the best solution to this problem, so i would like to share this with all of you....
I have seen cases where employees are terminated suddenly, just by informing them on THAT DAY. Their accounts are cleared and they are terminated immediately.
I think that this is unfair. When employers ask 15-30 days notice from their employees before they are leaving. Don't employees also need the same right ? they also should be intimated earlier so that they can look out for another job. Because sometimes there may be cases when people are very dependent on their job.
But, on thinking on the other side of the coin....i also felt that, if the employees are told before hand, there may be cases when the employee is performing without any interest for the rest of the days(which the employer does not have to tolerate) and in worst cases may try to leak out any confidential information.
So, friends and seniors, please express your views........
1. What are the ways to deal with this problem
2. How does your company go about this procedure (termination)?
3. What is legally the right procedure to do it?
Please help.....
Regards,
Smita
From India, Visakhapatnam
Hi,
Yes, you are right on the human angle. However, there are many hypothetical situations that vary from organisation to organisation. I do hope that you mean the notice period and not the notice salary.
1. Though it may sound harsh to inform an employee overnight that
his/her services are no longer required, the decision is taken by
the management with some deliberations. It is better to break
the ice than brooding over. At times, monetary benefit can do
the justification. In drastic cases, the employee can be given
a time frame to look for other alternative.
2. When Management is come to know of integrity / conflict of
interest issues, it is better to take a drastic decision overnight
and convey the same clearly to the employee. Sometime back
some software companies did take similar action for employees
who had given wrong information in their resume.
3. When one is not in favour of Management, it is better for both the
Management and the employee to end their relationship rather
than keeping the d'day wait painful (unless the job involves
critical handover situation).
4. When these decisions take place, it is better to settle all the accounts
pertain to the employee (write off or give reasonable time for the
employee to settle if he is due to the Company).
This subject needs introspection both from the employer / employee.
I am sure more will put in their views.
Regards,
Bala
Yes, you are right on the human angle. However, there are many hypothetical situations that vary from organisation to organisation. I do hope that you mean the notice period and not the notice salary.
1. Though it may sound harsh to inform an employee overnight that
his/her services are no longer required, the decision is taken by
the management with some deliberations. It is better to break
the ice than brooding over. At times, monetary benefit can do
the justification. In drastic cases, the employee can be given
a time frame to look for other alternative.
2. When Management is come to know of integrity / conflict of
interest issues, it is better to take a drastic decision overnight
and convey the same clearly to the employee. Sometime back
some software companies did take similar action for employees
who had given wrong information in their resume.
3. When one is not in favour of Management, it is better for both the
Management and the employee to end their relationship rather
than keeping the d'day wait painful (unless the job involves
critical handover situation).
4. When these decisions take place, it is better to settle all the accounts
pertain to the employee (write off or give reasonable time for the
employee to settle if he is due to the Company).
This subject needs introspection both from the employer / employee.
I am sure more will put in their views.
Regards,
Bala
Hi all,
An interesting topic.
This has to be seen from three point of views: Organisation, Humanitarian (Employees) & Legal;
1. From the organisation point of view generally such type of terminations does not take place unless the employee in question is alleged of gross misconduct serious in nature and which may affect the general discipline of the company, or set a bad precedent or affects the day to day normal working of the company. In such cases; the organisation goes for such extreme steps so as to set an example for others as well as to see that the employee in question does not create further trouble inside the premises of the company.
However there are certain organisations which exploit even today the work force and tend to do the same to maintain discipline and even
2. From humanitarian point of view it is natural that the company if terminates the services of the employee suddenly it serves as a capital punishment for the employee's family and breaks the employee and the family member's morale. Mentally and extreme steps may be taken by them. No matter what ever the amoutn may have been but the sudden loss of livelihood deals a big blow to the employee and his entire family.
3. From legal point of view in india the law is highly in favour of the employees which protects them a lot. but the law is in favour of the workmen who come under the jurisdiction of the law where in no one can be terminated without following the principles of natural justice conducting a domestic inquiry and if a dispute is pending than to file an approval or permission befor ethe adjucating authority. If in such cases sudden termination is there the employee can always approach the adjudicating authority seeking reinstatement.
However employees who are not covered under the definitation of the industrial dispute act can be terminated and they have no other option but to just seek damages or torts from the employer in the civil court. process for which is generally very long.
In the end however what i feel is that sudden termination should not be there and we as hr professional should continously strive to create an enviornemtn in the organisation where we work to see that the employee has the feeling of belongingness towatds the organisation and does not even think of going or working for against the company. However in case the mentality of the organisation is to exploit only better is to create culture of team work where in the employer also understands the importance and stops such practices.
However as far as restructuring is concerned it would be and entirely different topic.,
Any views from my professional colleagues are most welcome.
Regards,
Anand
From United States
2An interesting topic.
This has to be seen from three point of views: Organisation, Humanitarian (Employees) & Legal;
1. From the organisation point of view generally such type of terminations does not take place unless the employee in question is alleged of gross misconduct serious in nature and which may affect the general discipline of the company, or set a bad precedent or affects the day to day normal working of the company. In such cases; the organisation goes for such extreme steps so as to set an example for others as well as to see that the employee in question does not create further trouble inside the premises of the company.
However there are certain organisations which exploit even today the work force and tend to do the same to maintain discipline and even
2. From humanitarian point of view it is natural that the company if terminates the services of the employee suddenly it serves as a capital punishment for the employee's family and breaks the employee and the family member's morale. Mentally and extreme steps may be taken by them. No matter what ever the amoutn may have been but the sudden loss of livelihood deals a big blow to the employee and his entire family.
3. From legal point of view in india the law is highly in favour of the employees which protects them a lot. but the law is in favour of the workmen who come under the jurisdiction of the law where in no one can be terminated without following the principles of natural justice conducting a domestic inquiry and if a dispute is pending than to file an approval or permission befor ethe adjucating authority. If in such cases sudden termination is there the employee can always approach the adjudicating authority seeking reinstatement.
However employees who are not covered under the definitation of the industrial dispute act can be terminated and they have no other option but to just seek damages or torts from the employer in the civil court. process for which is generally very long.
In the end however what i feel is that sudden termination should not be there and we as hr professional should continously strive to create an enviornemtn in the organisation where we work to see that the employee has the feeling of belongingness towatds the organisation and does not even think of going or working for against the company. However in case the mentality of the organisation is to exploit only better is to create culture of team work where in the employer also understands the importance and stops such practices.
However as far as restructuring is concerned it would be and entirely different topic.,
Any views from my professional colleagues are most welcome.
Regards,
Anand
From United States
Hi,
Interesting!
Let us talk about good companies that issue appointment letters to their employees. Every appointment is a "contract". Appointment Letter is that contract containing terms & conditions of employment. This contract invariably provides a mechanism as to how either parties can terminate the contract of employment. Actions that conform to the covenant of the contrat are not a problem at all. But then,
1) There are situations, employees act disregarding their obligations contained in the contract of employment. There has to be a remedy for such contingency in the contract and there usually is!
2) There are times the employer may want to get rid of some employee in a hurry and may ask the employee to leave forthwith. Such a contingency is also provided in the contract.
Basically therefore all contingencies are to be provided for in the contract of employment. The contract is a frame of mutual authorities and responsibilities. Anyone who may violate these will suffer consequences. In an adult world each is expected to conduct himself in a responsible manner and honour accepted commitments.
But there are classes of employees-largely the "bargainable" (those who conform to the definition of a workman under Inductrial Disputes Act) and the non-bargainables (those other that the workmen in Industrial Disputes Act)
Here the law sets the course as to how a bargainable employee's employment be terminated. One has to be familiar with concerned provisions. The non-bargainables have no remedy at law and at times in their cases one has seen both the employer and the employee disregarding the contract of employment.
Whatever the case, it is imperative that the actions involving termination of employees (at any level) must be the right mix of the rational and the humane!
Rather longish reply, but did not want to be trapped in view points per se` and therefore a detailed reply!
Regards
samvedan
August 4, 2006
From India, Pune
Interesting!
Let us talk about good companies that issue appointment letters to their employees. Every appointment is a "contract". Appointment Letter is that contract containing terms & conditions of employment. This contract invariably provides a mechanism as to how either parties can terminate the contract of employment. Actions that conform to the covenant of the contrat are not a problem at all. But then,
1) There are situations, employees act disregarding their obligations contained in the contract of employment. There has to be a remedy for such contingency in the contract and there usually is!
2) There are times the employer may want to get rid of some employee in a hurry and may ask the employee to leave forthwith. Such a contingency is also provided in the contract.
Basically therefore all contingencies are to be provided for in the contract of employment. The contract is a frame of mutual authorities and responsibilities. Anyone who may violate these will suffer consequences. In an adult world each is expected to conduct himself in a responsible manner and honour accepted commitments.
But there are classes of employees-largely the "bargainable" (those who conform to the definition of a workman under Inductrial Disputes Act) and the non-bargainables (those other that the workmen in Industrial Disputes Act)
Here the law sets the course as to how a bargainable employee's employment be terminated. One has to be familiar with concerned provisions. The non-bargainables have no remedy at law and at times in their cases one has seen both the employer and the employee disregarding the contract of employment.
Whatever the case, it is imperative that the actions involving termination of employees (at any level) must be the right mix of the rational and the humane!
Rather longish reply, but did not want to be trapped in view points per se` and therefore a detailed reply!
Regards
samvedan
August 4, 2006
From India, Pune
hi guys really a nice discussion as u all told its merely a mutual agreement any party who terminate will suffer, in most of the companies the employment letter is very detailed which quotes their policies, conditions for termination,, but seeing in humanitarism its not fair to say a employee to go out on that day itself.. same thing happens in my work place also am unable to do any thing as a hr .. mgmt is stubborn in their decision...
very informative discussion this is guys..
regards
ram
From India, Madras
very informative discussion this is guys..
regards
ram
From India, Madras
Hi,
Well, a very simple solution to this issue is the contract of employment. It sets the condition for termination of employment from either side.
If the employee has really committed a gross misconduct or has been performing badly (despite all the efforts by mgmt. to improve that), management would like to get rid of him/her.
Payment to the employee in lieu of notice period(say 1month-3month) is justified.
But we should try to avoid sudden termination(except in cases of misconducts) because it involves a lot of trauma and pressure to the employee and his/her family.
From India
Well, a very simple solution to this issue is the contract of employment. It sets the condition for termination of employment from either side.
If the employee has really committed a gross misconduct or has been performing badly (despite all the efforts by mgmt. to improve that), management would like to get rid of him/her.
Payment to the employee in lieu of notice period(say 1month-3month) is justified.
But we should try to avoid sudden termination(except in cases of misconducts) because it involves a lot of trauma and pressure to the employee and his/her family.
From India
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06b-Form VI-B (Notice of Commencement of Contract Work).pdf
Company Letter for Completion 01 Month Notice.docx