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Sukumar (Manager - ER&IR)     27 March 2013

Ir issues

Dear HR's, I need a clarification for my below doubts.......................... 1. A Temporary or Probationary employee involved in Misconduct as per Comp's approved SO mean how can v terminate him? Wat is the process to do the same? Wat natural Justice says?? 2. In his Appointment order the company promised, 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) 3. Temp / Probationary employee (Non - Tech / Office Staff - Managerial Cadre) is to be terminated without conducting enquiry??? or after issuing Charge Memo ???? Do its Possible??? 4. Do Office Staffs r Managerial cadre personnel are eligible to get Charge Memo???? 5. Can employer issue Charge Memo directly b4 issuing Show Cause Notice(SCN) ?? & Wat is difference b/w SCN & Charge Memo/Sheet??? wat kind of cases can we issue Charge Memo r SCN???? Thanks & Regards, Sukumar


Learning

 6 Replies

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

dear sukumar,

 

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.


Attached File : 346896189 model%20standing%20orders.doc downloaded: 41 times

Sourav Hajra (Director)     08 April 2013

@kumar Daob:

Sir your link is not opening. It shows error 404. Would be kind enough to paste a fresh working link?

Regards

Kumar Doab (FIN)     08 April 2013

@ Saurav,

It could be due to some technical glitch.

Attached again.

If you still face some difficulty, send your email.


Attached File : 337895570 model standing orders industrial employment standing orders rules.pdf, 337895570 model%20standing%20orders.doc downloaded: 74 times
1 Like

Sudhir Kumar, Advocate (Advocate)     10 April 2013

agreed with Mr Doab's detailed descripttion.


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