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manikandan06
1

Hi all,



I just wnated to share an incident happenend in my company which

involved my friend and wnated to ur opnion whether the punishment

is right?



I wrok in one of the TIER-1 software company,2 of my friends(boy

and girl) had a heated conversation which resulted in the boy

slapping the girl.This incident took place in cafeteria.They knew

each other for past 5 year,so the boy appologised her and she left

the incident go,didnt made any complaint.But 2 of associate who

were present in the cafeteria complained it to the HR.



HR called both of them and asked them to write appology letter

stating the incident to avoid punishment.The boy wrote that he

slapped once and the girl wrote that she pinched the boy so he

slapped her.Upon getting the letter they asked both to leave.



Next day they called and told that they have been terminated.



is this the right punishment?they have only 10 months of

experience.how will they get a job with that?they cant even apply

as fresher since they are 2009 passouts.



when that girl questioned her termination HR simply said that you

have given a written statement of pinching him so we are

terminating you and the boy for slapping you.

My seniors and managers feel that they are hard done.

now the girl is sitting at home with her future in doubt.

From India, Madras
virajgovekar
42

What do the standing orders of the company suggest.
I dont think that there should be such a harsh punishment.
if the apology letter was given then the management could may be suspend them for a few days or some other such punishment could be given.
You have also not mentioned whether they were on contract / outsourced / probation, etc.
Please give more details.
Regards,
Viraj

From India, Pune
manikandan06
1

They were selected through oncampus and were in probation period.

This is what they have mentioned in thier code of ethics document

We must never tolerate:

 Discriminatory conduct, abuse of authority, or harassment of any kind, including that of a sexual nature. We must

also refrain from making jokes, slurs or other remarks that are about race, color, religion, gender, age, national or

ethnic origin, sexual orientation, martial status, disabilities or veteran’s status or are of a sexual nature that can

encourage or create an offensive or hostile environment.

 Implicit or explicit verbal threats, intimidation or violence.

both of thier managers and senior associates spoke in favour of them and asked the HR to warn them

But in order to prove thier authority over managers they took it as a ego clash and spoiled 2 people lifes.this is what my manager told.since HR rules all the policies managers were helpless in this matter.

Both of them got appreciation from thier managers in very short time compared to thier fellow batch students.infact that guy worked from morning to next day morning to fix a critical issue for that he got appreciation from many seniors associates.

From India, Madras
rajanassociates
50

Dear
The place of occurence is the cafeteria and not the workplace. Maybe both of them should represent and seek for review of the termination citing the reasons. The Management may re-consider it.
rajanassociates

From India, Bangalore
phaniacp
6

it was wrong decision. management should never take such things. there is always a room to listen the people involved before taking such nasty decision.
From India, Warangal
1615
Here if the management is in favour of both i don't think HR has right to terminate' Also if this is the first time, then i think there must be warning but not termination, I think both of then has to meet the management & ask them for a chance, also if both of the has forgive d each other & has not taken the topic to the management, also the incident took place in Cafeteria & not in work place then HR does not has any right to poke into this incident.
Please ask your friends to speak to the management.

From India, Mumbai
yuvastanza
If you seriously need the answer for this, keep this incident in mind. Surely someday HR's play like this in cafeteria, then ask them why not they people get terminated for this incident. They'll give you reply. Law is common for all. Because HR will come under the employee category.
From India, Madras
abksatara
The decision is taken by management is right one. Its lesson to every body to maintain corrum of office .its office not college or park or public place. like child how they can behave . Why management forgive them instead that boy is hard working. other colleague will aslo follow him
From India, Pune
virajgovekar
42

Dear Mani,

Was not able to login earlier. Thanks for info. The probation is normally for six month find out if they were given an extension. If yes, then generally another 3 months. You mentioned they worked for 10 months.

If no letter is issued then they are deemed confirmed and management cannot ask them to leave just like that. First of all they need to be issued a show casuse and then if answer is not found satisfactory then action can be taken.

The standing order as specified by govt. also doesnot have such harsh punishment. What you have mentioned is more like a ploicy and not standing order.

In case of unfair termination please write a letter to the labour comissioneer of your state with a cc to the ceo / GM etc whoever heads the company. And ask for reinstatement stating unfair HR practices.

Also ask them to visit HR for discussion on the topic and record the conversation on their mobile phones try to get something where in you can prove that they are being victimised.

See if this helps.

Give more details if possible.

I do not agree with abksatara.

Regards,

Viraj

From India, Pune
manikandan06
1

As you all know HR have their own level of hierarchy like director,senior director these people discussed within themself and have taken the decision,They are not even ready to hear from both of them.my friends sent mail to the director of HR but no reply from him,
atleast that boy slapped so he got punishment but what does that girl do? being a fellow associate and a friend of them its really frightening us.we dont have job security.managers tried their best but they cant do anything against the HR.is there any other way of getting back their job?
The situation of that girl is worse since she worked in mainframe,she is not getting any opening for her experience of 9 months and since 2010 passouts are out she cant even treated as a fresher.their career is at stake now.
can anyone help her?Please let me know.

From India, Madras
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