Sukumar (Manager - ER&IR) 27 March 2013
Adv k . mahesh (advocate) 27 March 2013
if employee misconduct is grave in nature to terminate him
you have to issue a charge sheet followed by a explanation from employee
disciplinary proceedings conudcted by the enquiry officer , asking him to explain any further explanation why you should not terminate
show cause notice what the decision of enquiry officer (if he presists and again give explanation to appellate authority)
you have stated that 3 months pay or 3 months notice period
If the employee is terminated under various circumstances the company will pay 3 months notice pay r giving 3 months notice period. Is it applicable for Probationary employee? (In Appointment Order employer didn’t mentioned probationary / Temp. employees not eligible)
probationary employee means he is not yet confirmed employee then in your words ony you stated that he is not eligible
you can issue charge sheet then show cause notice then final order
wheater he is technical or non technical
charge sheet is the charges framed on him
show cause notice is the charges are proved on him
darshana sawant (associate consultant) 27 March 2013
Your query is very confusing. First of all, is the employee working in managerial cadre? If yes, you can simply terminate him in accordance with appointment letter. If he is not a managerial employee, if still in probation, you can dispense with the services anytime before completion of his probation. In your case if you have put the condition of paying notice pay by "either side" then you will have to comply. There are judgements for and against initiating disciplinary action against a probationer.
Kumar Doab (FIN) 27 March 2013
You have posted that:
--“ as per Comp's approved SO mean how can v terminate him?”
This implies that company has its certified standing Orders.
--“ (In Appointment Order employer didn’t mentioned probationary / Temp. employees not eligible)”
The service conditions stated in certified standing Orders shall prevail upon appointment letter.
Has the certified standing Orders been extended to employee in question?
If yes you may proceed as per clauses on termination and Disciplinary action for misconduct, stated in certified standing Orders……..
Model Standing Orders:
13. Termination of employment:………….but the services of a temporary workman shall not be terminated as a punishment unless he has been given an opportunity of explaining the charges of misconduct alleged against him in the manner prescribed in Paragraph 14.
Sourav Hajra (Director) 08 April 2013
Sir your link is not opening. It shows error 404. Would be kind enough to paste a fresh working link?
Kumar Doab (FIN) 08 April 2013
It could be due to some technical glitch.
If you still face some difficulty, send your email.