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shamik (Service)     20 March 2009

Termination of Employment

We have an employee who was arrested for a serious criminal charge and did not attend factory.  Management knew about arrest.  He is now released by court as 'not guilty'.  Management in past was not satisfied with his behavior, it dose not want to have this employee back on its role.

1.  Can the employment be terminated without sighting reason?

2.  Can the employment be terminated sighting reason that he was absence witout notice?

3.  How to legally terminate the employment of such an employee?

Regards,

Shamik Vora



Learning

 3 Replies

badrinath (Sr.Manager-human resources)     09 April 2009

     1. is the employee a confirmed employee ? 2. did he give any information reg. his absence from work in writing ? if he didnt give any information in writing about the reasons for his absence and if he has been absent from work for longer days, disciplinary  action  can be initiated against him by  following the procedures given below.  this applies  only if the concerned employee is on a  "confirmed status." if he is not a confirmed employee, the procedure is different. 

legal procedure to be followed for initiating necessary action: 

if an  employee( confirmed status) is absenting from work, first of  all he should be issued a "show cause notice" asking explanations why  he was absent  from work and why  approproate disciplinary  action cant be taken on him based on the standing orders of the company. if his reply is not satisfactory to the management , a domestic equiry shall be conducted and if he is proved in the enquiry that he is guilty of the charges made, a second show cause notice should be given stating why he should not be terminated from the employment and  if  his explanations are  not satisfactory to the management and if  he had been given many chances before and if his attendance track record is worse he can be terminated by the management. pl. note that labour laws in our country gives more importance to the principle of "natural justice " and it should be strictly adhered otherwise, the individual can raise an industrial dispute and the employee has bright chances to be reinstated in employment with full back benefits. hence atmost care  has to be taken if a company wants to terminate an ( confirmed) employee.     

Ruchi (HR Manager)     10 April 2009

Can the employment be terminated without sighting reason?-No the employment cannot be terminated without stating the reason in writing...the employee can anytime challenge the descision if you dont have anything strong to justify your part!!

Can the employment be terminated sighting reason that he was absence witout notice?---Many of the decisions of supreme court says that if any employee is able to justify the reasons of absence, employer cannot take any action against employee and he has the valid reasons!!

How to legally terminate the employment of such an employee?--wait for the mistakes made by him or collect the proofs of mistakes...it can be performance, any code of conduct issues....give him atleast 3 warnings and take his acceptance and then u can any time terminate him showing his acceptances....

i hope i have answered your questions!!

regards,Ruchi

 

 

 

mahesh pandey (Vice President)     17 April 2009

Hi!

Uhave 2 to follow procedure mentioned in the Standing ordres under Industrial Employment (s.o) Act,1946 for taking disciplinary action including termination of employment  which will be legaly valid otherwiswe terminating any one without sighting any reasons will be illegal.

Thanks

MAHESH PANDEY


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