We can directly discontinue services of company permanent worker or any procurers ? or what type action we have take on employees?
From India, Daman
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1From India, Daman
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Dear Amol, You can terminate the permanent employees by giving them the compensation or by giving them notice. Upasana
From India, Delhi
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From India, Delhi
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The information given is incomplete Please clarify the circumstances under which the employee are to be dismissed and the reason. The Procedure depends on that
From India, Mumbai
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From India, Mumbai
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The process of natural justice demands that the procedure of a show-cause notice and a domestic inquiry should be followed in accordance with the clauses of the standing orders (certified/model), Shops and Commercial Establishment Act.
From India, Chandigarh
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From India, Chandigarh
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A worker is covered under the Industrial Disputes (ID) Act and cannot be terminated except through the process of retrenchment in accordance with the Act. The principle of "last come, first go" should be followed, and if any person is to be appointed to that post, then the retrenched person must be offered the position first. The worker can only be terminated for reasons of punishment after a domestic inquiry has been conducted.
From India, New Delhi
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From India, New Delhi
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You have not mentioned anything regarding the nature of the complaint or misconduct as to why workmen should be terminated. As a professional HR professional, you need to describe both the nature and gravity. Gravity becomes essential in the case of termination before the Labour court to defend adjudication. It only and rarely gets acceptance when you are overconfident that the workman was habitual in repeating one or many misconducts and the company has lost faith. Even the minimum amount of output from him cannot be made possible since the past.
A permanent workman cannot be terminated without affording him the opportunity to explain the reasons/justifications for employment-related breaches or misconducts. Retrenchment also should not be given without prior permission from the Labour department. If it is a serious misconduct issue, provide him with a charge sheet, conduct a domestic enquiry, and then if the alleged misconducts are proved, you can terminate him. Otherwise, build a case for future action. One practical approach is suggested. See who referred him for employment. If he was referred by a coworker, then call the coworker and explain that due to the prevailing circumstances, it would not be possible to retain his candidate for a longer time. Be prepared to pay him extra money equal to notice pay + retrenchment compensation + gratuity and try to convince the workman to leave and pursue something he enjoys. This strategy needs to be based on a suitable time. You can issue him a show-cause notice, one, two, three against misbehavior, unauthorized absenteeism, disobedience, and reiterating that instead of improving, he continues to add more serious types of misconducts, which the company takes very seriously, and such actions will not be accepted under any circumstances — giving him the feeling that he will be out very soon. There is a possibility that he will approach you directly to settle his FnF dues with normal acceptance/relieving certificates. In these days, the success lies in the second option, as it is low cost and treated like Ayurveda, hence there is no question of a reaction. The only thing is to initiate a dialogue in a very convincing manner and observe his response to your efforts.
All the best,
RDS Yadav
Management Consultant and Advisor
From India, Bareilly
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A permanent workman cannot be terminated without affording him the opportunity to explain the reasons/justifications for employment-related breaches or misconducts. Retrenchment also should not be given without prior permission from the Labour department. If it is a serious misconduct issue, provide him with a charge sheet, conduct a domestic enquiry, and then if the alleged misconducts are proved, you can terminate him. Otherwise, build a case for future action. One practical approach is suggested. See who referred him for employment. If he was referred by a coworker, then call the coworker and explain that due to the prevailing circumstances, it would not be possible to retain his candidate for a longer time. Be prepared to pay him extra money equal to notice pay + retrenchment compensation + gratuity and try to convince the workman to leave and pursue something he enjoys. This strategy needs to be based on a suitable time. You can issue him a show-cause notice, one, two, three against misbehavior, unauthorized absenteeism, disobedience, and reiterating that instead of improving, he continues to add more serious types of misconducts, which the company takes very seriously, and such actions will not be accepted under any circumstances — giving him the feeling that he will be out very soon. There is a possibility that he will approach you directly to settle his FnF dues with normal acceptance/relieving certificates. In these days, the success lies in the second option, as it is low cost and treated like Ayurveda, hence there is no question of a reaction. The only thing is to initiate a dialogue in a very convincing manner and observe his response to your efforts.
All the best,
RDS Yadav
Management Consultant and Advisor
From India, Bareilly
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It is not easy to terminate a permanent employee. You have to follow a lengthy process:
1. Issue a show-cause notice for employee misconduct (drafting very carefully).
2. Get the employee's explanation in writing.
3. Charge sheet.
4. Domestic inquiry, etc.
Dear, it is better to offer less compensation and consider seeking resignation.
Ajay Bisht
Manager HR (Hospital)
Email: bisht1212@gmail.com
From India, Delhi
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1. Issue a show-cause notice for employee misconduct (drafting very carefully).
2. Get the employee's explanation in writing.
3. Charge sheet.
4. Domestic inquiry, etc.
Dear, it is better to offer less compensation and consider seeking resignation.
Ajay Bisht
Manager HR (Hospital)
Email: bisht1212@gmail.com
From India, Delhi
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Dear Friend,
No permanent worker could be terminated unless you prove the misconduct committed by him in an inquiry, following the proper procedure:
1. Issuing a charge sheet stating what act of the worker constitutes misconduct,
2. Getting a reply from the worker for the charge sheet,
3. If the worker's explanation is not satisfactory to the management, an inquiry is to be conducted by appointing an officer,
4. If the inquiry officer finds the delinquent worker guilty of misconduct,
5. A show-cause notice for proposed punishment based on the gravity of the misconduct is to be sent to the worker,
6. Upon receiving comments or remarks from the worker, you can impose the punishment as proposed in the show-cause notice,
7. Discharge/dismissal/degrade to a lower position/increment cut with or without cumulative effect, etc.
By following this procedure, it is considered free from all defects, and even courts could not interfere in the action taken by an employer against workers who are found to have committed misconduct under the standing orders/service rules of the company.
Regards
From India, Hyderabad
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No permanent worker could be terminated unless you prove the misconduct committed by him in an inquiry, following the proper procedure:
1. Issuing a charge sheet stating what act of the worker constitutes misconduct,
2. Getting a reply from the worker for the charge sheet,
3. If the worker's explanation is not satisfactory to the management, an inquiry is to be conducted by appointing an officer,
4. If the inquiry officer finds the delinquent worker guilty of misconduct,
5. A show-cause notice for proposed punishment based on the gravity of the misconduct is to be sent to the worker,
6. Upon receiving comments or remarks from the worker, you can impose the punishment as proposed in the show-cause notice,
7. Discharge/dismissal/degrade to a lower position/increment cut with or without cumulative effect, etc.
By following this procedure, it is considered free from all defects, and even courts could not interfere in the action taken by an employer against workers who are found to have committed misconduct under the standing orders/service rules of the company.
Regards
From India, Hyderabad
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No, legally you can't do under normal circumstances; it will be an unfair labor practice on your part. Better adopt the appropriate procedure according to the SO and governing laws applicable to your industry.
From India, Mumbai
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From India, Mumbai
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Dear Amol Kanikar,
I read the responses by various eminent learned members, and I would like to give my response differently. I would like you to be in the shoes of the worker. Suppose you are that permanent worker, and your company is terminating your services without giving you any opportunity to be heard. How would you feel in this situation, and what would you do or how would you react to it?
Some of our friends have rightly said that you cannot terminate the services of a permanent worker without following due course of law. You have to follow the principle of natural justice in every case, whether it leads to termination of service or not. And mind well, termination is an extreme punishment for any person. It is always disproportionate to everything.
From India, Mumbai
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I read the responses by various eminent learned members, and I would like to give my response differently. I would like you to be in the shoes of the worker. Suppose you are that permanent worker, and your company is terminating your services without giving you any opportunity to be heard. How would you feel in this situation, and what would you do or how would you react to it?
Some of our friends have rightly said that you cannot terminate the services of a permanent worker without following due course of law. You have to follow the principle of natural justice in every case, whether it leads to termination of service or not. And mind well, termination is an extreme punishment for any person. It is always disproportionate to everything.
From India, Mumbai
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