Is Notice Period Essential For Indiscipline

Dear All,
Should notice period be given to an employee for indisciplinary behviour . Inspite of warnings given there was no improvement. Late coming, leaving early, absentism, no response to calls etc.
The appointment letter does not have this clause.
Need help.
Sharmila

No. If its termination by Company, he / she need not have to serve notice period. You can just inform that he can finish the final formalities and hand over the incharge to the mentioned person.

Yes u will have to dear. Has she compleetd her probation period?
Its always better to pay the notice period pay, if she has completed her probation period.

dear asha
you are clubbing two things
1.indicipline
2.termination due to condtion of appointment letter
in case of dicipline you have to take disciplinary action,like charge sheet ,domestic enquiry than only termination,in this conditon need to pay in lieu of notice.
in case of second condtion if u want to terminate services as the condtion of appointment than notice has to be served or he should be paid in lieu of notice.
tks
js malik

Dear Malik,
I have a clarification:
We had terminated ppl on grounds of non performance and provided them the salary in lieu of notice period (because when ever someone is terminated on performace related grounds. . . they have one days time to dis charge their duties, and finish all settlements)
I have not come across "misconduct" related termination.
But in this case, shuld we pay the notice period amt? The term termination here in this company means the person will not be appearing after the issue of the termination notice. But shuld ve pay the notice period amt to him?
The appointment letter states - in a very generic way "In case of termination by company..salary will be paid in lieu of notice period"

dear asha
on the basis of non performance u give reference of condtion of appointment letter,
pat salary in lieu of notice say good bye.but u should not refer anything regarding indicipline in this case because if indiscipline comes inbetween than that procedure has to be followed.
tks
js malik

I dont think you need to pay for notice period on account of 'Misconduct'. Notice period should be paid for only in case of 'Non-Performance'.

Dear Sharmila, employement (service) is a contract between employer & employee, in any party want to break the same notice period is required to be paid, thus in this case also you need to pay notice period pay, also termination letter must mention the clause of appointment letter which is broken resulting into termination!
Regards,
Ajit

Dear Asha
Notice period has to be served or paid to him in by the company if some clauses are mentioned in his appointment order and he is terminated by the company.
If no clause relating to notice period is mentioned in his appointment letter then he can be directly terminated under Indisciple Category, which should contain the detail of date of warning given and other proofs attached
Regards
R.Palanivel Kumar
+91 99942 75566

In my views there is no notice period for indecipline only desplinary action can be taken like punishment, salary cut etc. But if there is a need to terminate the employee due to indiscipline then notice can be given as per the appointment terms and conditions - Shiv