one of our employee consumed poision while on duty, we admitted him hospital and now he is ok My question is can we terminate him from service please suggest or any other alternate to escape from him
From India, Thane
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1From India, Thane
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You cannot terminate him without any reason. Though consuming poison and putting you in troubles is a valid reason, before that, you should conduct an inquiry into the incident which led to his consumption of poison. Therefore, immediately upon his resuming work, serve him a show cause notice and ask him to reply. If he has any mental issues, seek advice from a doctor and then act. You can also ask him to undergo treatment by granting a few days' leave. However, terminating him right now is not a solution, and it is inhumane as well.
From India, Kannur
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From India, Kannur
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Dear member,
As Mr. Madhu TK has rightly said, it is important to conduct a domestic inquiry to investigate the incident. The Enquiry Officer (EO) should investigate what kind of poison it was, how he could get access to it, whether the employee consumed a hazardous substance stored by the company (if yes, then how the employee accessed it), whether the employee brought the poison from outside (if yes, then how did he bring it), etc.
For Mr. Madhu TK: - Sir, both of us have recommended that the member conduct a domestic inquiry to investigate the incident. However, there is a ruling by the court stating the company can take action against the employee only if the misconduct is defined in the standing orders. If "attempting to commit suicide while on duty" is not defined as misconduct, then on what grounds can the company initiate disciplinary action? Would you mind explaining it?
Thanks,
Dinesh Divekar
From India, Bangalore
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As Mr. Madhu TK has rightly said, it is important to conduct a domestic inquiry to investigate the incident. The Enquiry Officer (EO) should investigate what kind of poison it was, how he could get access to it, whether the employee consumed a hazardous substance stored by the company (if yes, then how the employee accessed it), whether the employee brought the poison from outside (if yes, then how did he bring it), etc.
For Mr. Madhu TK: - Sir, both of us have recommended that the member conduct a domestic inquiry to investigate the incident. However, there is a ruling by the court stating the company can take action against the employee only if the misconduct is defined in the standing orders. If "attempting to commit suicide while on duty" is not defined as misconduct, then on what grounds can the company initiate disciplinary action? Would you mind explaining it?
Thanks,
Dinesh Divekar
From India, Bangalore
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Included in the misconducts, normally, there will be a mention, "any act which is detrimental to the operations of the establishment." We can consider these kinds of incidents as misconduct because they will cause damage to the company or mental trauma to the employees of the establishment or hardship to coworkers.
With his act of consuming poison, some disturbance should have naturally been caused to the operations of the company, right?
From India, Kannur
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With his act of consuming poison, some disturbance should have naturally been caused to the operations of the company, right?
From India, Kannur
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Dear Mr Madhu TK, Thanks for the clarification. Regards, Dinesh Divekar
From India, Bangalore
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From India, Bangalore
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IF THIS IS NOT DEFINE IN STANDING ORDER OF THE COMPANY THEN GO FOR DOMESTIC ENQUIRY AND ACT ACCORDINGLY. GIVE HIM A CHANCE AS NATURAL JUSTICE.
From India, Kolkata
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From India, Kolkata
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Dear Madhu Sir and Dinesh Sir,
I wanted to extend my sincere thanks to both of you for sharing such informative and valuable insights. The information provided is crucial for ensuring the smooth operation of our business. Your efforts and expertise are greatly appreciated.
From India, Mumbai
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I wanted to extend my sincere thanks to both of you for sharing such informative and valuable insights. The information provided is crucial for ensuring the smooth operation of our business. Your efforts and expertise are greatly appreciated.
From India, Mumbai
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Dear Dinesh, Madhu,
Under Maharashtra Model Standing Orders, Rule 14(3)(g) states that "habitual breach of any law applicable to the establishment" is also considered a misconduct. Though the OP does not specify if this was a one-off occurrence, attempting suicide is a violation of the Indian Penal Code (IPC) and hence qualifies as misconduct. There are ways to interpret and apply this provision.
The model standing orders do not explicitly mention "any act which is detrimental to the operations of the establishment." Therefore, unless the OP's company has included this in their specific standing orders, it cannot be considered a basis for misconduct.
Nevertheless, thanks to your post, I will now recommend all clients to consider incorporating this provision into their standing orders.
From India, Mumbai
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Under Maharashtra Model Standing Orders, Rule 14(3)(g) states that "habitual breach of any law applicable to the establishment" is also considered a misconduct. Though the OP does not specify if this was a one-off occurrence, attempting suicide is a violation of the Indian Penal Code (IPC) and hence qualifies as misconduct. There are ways to interpret and apply this provision.
The model standing orders do not explicitly mention "any act which is detrimental to the operations of the establishment." Therefore, unless the OP's company has included this in their specific standing orders, it cannot be considered a basis for misconduct.
Nevertheless, thanks to your post, I will now recommend all clients to consider incorporating this provision into their standing orders.
From India, Mumbai
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Yes, but the Model Standing Orders are only a model that can be implemented immediately once an establishment becomes covered by the Industrial Employment Standing Orders Act. It should be followed for the time being until a certified standing order is made effective.
From India, Kannur
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From India, Kannur
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Dear Sir/Madam,
First, try to find out why the employee did that. If it is due to his personal problem, then counsel him and send him to a doctor for counseling. You may need to sanction leave in his favor. If it is due to an issue within the establishment, then take disciplinary action against him promptly and judiciously.
I would like to share an example that occurred in my organization. A new officer joined our organization, displaying rude and rough behavior. An employee from my section attempted to hang himself from the ceiling fan, but his daughter intervened and brought him to the hospital. Fortunately, he recovered after some time. There were rumors that the new officer had severely reprimanded him, leading to the suicide attempt. However, during counseling, it emerged that the new officer had not directly spoken to the employee, but the employee's mother-in-law was causing significant distress. We decided to transfer the employee to a distant location to give him space from his mother-in-law.
Thank you!
From India, Indore
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First, try to find out why the employee did that. If it is due to his personal problem, then counsel him and send him to a doctor for counseling. You may need to sanction leave in his favor. If it is due to an issue within the establishment, then take disciplinary action against him promptly and judiciously.
I would like to share an example that occurred in my organization. A new officer joined our organization, displaying rude and rough behavior. An employee from my section attempted to hang himself from the ceiling fan, but his daughter intervened and brought him to the hospital. Fortunately, he recovered after some time. There were rumors that the new officer had severely reprimanded him, leading to the suicide attempt. However, during counseling, it emerged that the new officer had not directly spoken to the employee, but the employee's mother-in-law was causing significant distress. We decided to transfer the employee to a distant location to give him space from his mother-in-law.
Thank you!
From India, Indore
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