Is Notice Period Essential For Indiscipline

Acts of late coming, absenteeism insubordination constitute indiscipline. I agree with Mr. Malik that you must serve charge sheet to that employee and if his/ her reply is unsatisfactory then hold a fair enquiry. Principle of natural justice demands that nobody should be punished without being provided opportunity to offer his/ her defence. If employee is proven guilty in domestic enquiry then employer has the right to dismiss that employee. In this case no notice pay will be paid even gratuity can be forefeited. In other cases decision should be taken according to terms/ conditions of contract/ appointment letter.
Regards
Ch. Abdul Rehman

Dear,
u have to pay notice period on termination or fallow the enquiry proceeding .
in case of non performance, u will proceede as per terms and condition of appointment letter , and i don't think ur appointment letter say any condition to say goodby without notice period of both side ( employee / employer) .
any satuation for safer side pay one month salary.
Manu

That is what I had tried to point out in my last quote, that equal opportunity also had to given to the employee before terminating.
And to seek legal advice from your own law section before terminating.
Regards
Harminder

dear friend your question and doubt is not clear. you have to go as per the draft standing order of industrial employment (Stnding orders) act, if you do not have compny certified standing orders and its related cluases and abla able i.e., charge sheet, domestic enquiry, proving of misconducts under standing orders and to take action as per the gravity of misconduct...........only in case of........workman. If he/she is an employee not come under the meaning of workmen, you have to as per the appointment letter or company service rules. if you do not have company service rules and the same misconduct has not been mentioned in the appointment letter. better to settle his account by giving one month or pay in lieu of notice if he completed probation period and his services were confirmed by the company. if he is in probotion he can be terminated with no notice and no notice payment. only his salary as on date will be given. if you distrub the employees or staff, by digging his mistakes and lodging compliants, your company reputation will be spoiled. Just this is matter of comman sense rather then legal implications. good time. aln. hyderabad.

Hi...
The person shouldn't get any notice period...or should be paid for it.as this a clear case of ignorance and indiscipline ....should be termination. A person like this in a organization can be a threat to others also.... You have already taken enough have disciplinary action against him...you said he has received letters ,warnings ...then now what..