Termination Of Employee - Job Termination

Please suggest how to write a termination letter for a emplyee who is applying for job in our clients and trying to reveal the secret documents of the company.

Dear smita221
If you suspect that an "emplyee who is applying for job in our clients and trying to reveal the secret documents of the company."; then how does it matter HOW YOU WRITE the termination letter ??
When you dispense with all the principles of natural justice, "due process", fair play, concern for people and act on such things; then the words of Termination Letter does not matter.
Does it make any difference if the Devil quotes the Bible ??
Warm regards.

Hello,

After what Mr. Rajkumar Hansdah has said, actually I do not need to add anything. But some basics you must know to avoid being trigger happy and end up shooting without aiming!

Kindly consider:

1. Is looking for a job (even with a client company) a misconduct in your service rules or at law?
2. Have many of us not done so in our own careers?
3. If your instructions are to terminate his services, you are obliged to follow prevalent law and "principles of natural justice."
4. If Industrial Employment (Standing Orders) Act 1946 is applicable, it lays down a procedure for disciplinary action and you may not be able to successfully terminate his employment without holding a Domestice Enquiry! I am assuming that the concerned person will qualify to be workman under the Industrial Disputes Act 1947. Here I must caution that neither his salary nor his title will matter but the work performed by him will determine his status in the eyes of law.
5. Principles of Natural Justice demand at the minimum that no one can be punished without being given an opprotunity of being heard.
6. Industrial jurisprudence demands that the "quantum of punishment and the gravity of misconduct" have to be proportionate and further it is found difficult in industry to justify dismissal as a response to the first misconduct. Also the law courts expect the employer to consider the past service record of the employee to find out if there are any mitigating or extenuating circumstance before deciding the quantum of punishment.

Such being the scenario, Mr. Hansdah was right in making a crisp reply and I am totally with him on that issue! However if the contemplated action has to be proceeded with there precautions you (the employer) is obliged to take and procedure has to be followed. I chose to simply elaborate on that aspect. Your profession demands that your actions must be justified at the profession level and also at legal level. I am not talking about morality issues involved since we do not have sufficient material in that regard.

TC
Regards
samvedan
November 30, 2010
----------------------------------------------

I agreed but my boss asked me to take some serious action against him as he is doing this and making excuses daily for leave and all.Please help
Smita

Hello,

Disciplining erring employees is a subject of law! Kindly provide following information.

1) Is your organization covered under Factories Act or under Shops and Commercial Establishments Act?

2) Do you employee more that 50 employees? If you do you are likely covered under Industrial Employment (Standing Orders) Act 1946 which deals exhaustively with disciplinary actions and procedures.

3) Do your Appointment Letters covering "terms and conditions of employment" provide for disciplinaey actions under certain, specified situations?

4) Do you issue "Service Rules" to your employees formally and obtain their signatures in acknowledgement of having received the document?

5) There are two ways of dealing with disciplinary issue- Educating, Counseling, motivating employees to "fall in line" as it were and the oter way is the legal way!

6) But what is being complained of? Is a habitual late comer, rude, absentee case, coming to work under influence of toxic substances? If these are known and above questions are answered, one may be able to advice you better.

7) Always remember the law expects you to keep a reasonable balance between gravity of misconduct and seriousness of punishment. It also expects you follow "principle of natural justice"! If you terminate services of an employee for a first offense which may be not of a very serious nature, the law has the authority to reverse your decision and that is why we have to take a lot of care in dealing with disciplinary actions!

You will learn in course of time but til then do not tempted by illusory sense of power or succumb to pressures from the seniors.

I hope I have been able to throww some more light on your concern

Now cheer up!

Regards

samvedan

December 2, 2010

--------------------------------