Dear experts, 1. On which grounds an employee can be dismissed? 2 Do we need to follow a process for dismissal? Kindest regards,
From India, Bhubaneswar
3From India, Bhubaneswar
Indiscipline.misbehavior, repated violation of rules
They are xamples on which employees can be dismissed
Following due procedure of natural justice of evidence collation and full opportunity to defend needs to be given
Dismissal is always last resirt when violations are serious or repeated Indiscipline etc
From India, Pune
They are xamples on which employees can be dismissed
Following due procedure of natural justice of evidence collation and full opportunity to defend needs to be given
Dismissal is always last resirt when violations are serious or repeated Indiscipline etc
From India, Pune
Hello,
An employee Can be Dismissed for Acts or Misconducts as defined under Industrial Disputes Act 1947 or Industrial employment Standing orders as applicable to your company.
However, please note that these are laws applicable to Workmen only and not every Employee. (Workmen as defined in IDA). It is mandatory to have a Disciplinary Enquiry before any dismissal action can be taken.
Whereas, if the Employee does not fall under the category of Workmen. He can be dismissed by the management directly. A reasonable way to go ahead would be to give a Show cause notice and a chance for the non-workman employee to give his justification, to avoid any Civil litigation for damages. However, the decision for dismissal will be at he discretion of the Management only.
Hope this answers your query. (Please remember the separate classes of employee)
Regards,
An employee Can be Dismissed for Acts or Misconducts as defined under Industrial Disputes Act 1947 or Industrial employment Standing orders as applicable to your company.
However, please note that these are laws applicable to Workmen only and not every Employee. (Workmen as defined in IDA). It is mandatory to have a Disciplinary Enquiry before any dismissal action can be taken.
Whereas, if the Employee does not fall under the category of Workmen. He can be dismissed by the management directly. A reasonable way to go ahead would be to give a Show cause notice and a chance for the non-workman employee to give his justification, to avoid any Civil litigation for damages. However, the decision for dismissal will be at he discretion of the Management only.
Hope this answers your query. (Please remember the separate classes of employee)
Regards,
Fair and Just Employers are many who, for their Establishments, Defined Sufficiently Precisely Terms of Employement and Conditions of Work which Apply Equally to Every Employed Individuals - also others present within their Establishments at a point of Time--.
What sets them apart is the Manner Disciplinary Action are Initiated for alleged Acts of Misconduct and on Conclusion of Domestic/Internal/Managerial Inquiry in accordance with the Principles of Natural Justice as awell as Tenet of Proportionate Punishment, the Ultimate Punishment of "Dishcharge" is Decided by the Punishing Authority keeping in mind the Severity, Gravity of Proven Act of Serious Misconduct which were Valid in Law/ ( Certified Standing Orders).
Kritarth Consultants,
Management Care-Takers,
Bengaluru Service Delivery Centre
21.4.20
From India, Delhi
What sets them apart is the Manner Disciplinary Action are Initiated for alleged Acts of Misconduct and on Conclusion of Domestic/Internal/Managerial Inquiry in accordance with the Principles of Natural Justice as awell as Tenet of Proportionate Punishment, the Ultimate Punishment of "Dishcharge" is Decided by the Punishing Authority keeping in mind the Severity, Gravity of Proven Act of Serious Misconduct which were Valid in Law/ ( Certified Standing Orders).
Kritarth Consultants,
Management Care-Takers,
Bengaluru Service Delivery Centre
21.4.20
From India, Delhi
Dear Amar,
You can dismiss an employee, if he is covered by standing orders that is doing mainly manual, technical, clerical, supervisory, skilled or unskilled nature of work, if he has indulged in any grave and serious misconduct as per the Model standing orders or any standing orders applicable to your organisation. You need to conduct a proper legal enquiry and give him full opportunity to defend himself in it, then after the misconduct is proved, enquiry officer holds him guilty, you need to send a copy of the findings to him, then dismiss him.
In case of surplusage, you can resort to retrenchment by following the provisions of Section 25F of ID Act.
From India, Pune
You can dismiss an employee, if he is covered by standing orders that is doing mainly manual, technical, clerical, supervisory, skilled or unskilled nature of work, if he has indulged in any grave and serious misconduct as per the Model standing orders or any standing orders applicable to your organisation. You need to conduct a proper legal enquiry and give him full opportunity to defend himself in it, then after the misconduct is proved, enquiry officer holds him guilty, you need to send a copy of the findings to him, then dismiss him.
In case of surplusage, you can resort to retrenchment by following the provisions of Section 25F of ID Act.
From India, Pune
It depends on the Laws applicable on your industry and to the employee to be dismissed. In my opinion, any dismissal, should be done with proper consultation with a Labour Lawyer.
From India, Faridabad
From India, Faridabad
Dear Amar,
You have not shared the details regarding the misconducts committed by the employee.
If the query is raised purely on academic interest, then in my opinion, following
can be considered as grounds.
1- if the misconduct is very grave in nature
2- if sufficient opportunities were given to the employee earlier
3- if management is fully convinced that he has become a 'sour' to destroy the whole milk.
Before initiating dismissal process, you have to follow the principle of natural justice/
law of land. Proper legal procedure to be followed with by availing the services of a registered legal practitioner who is specialised in Labour and Industrial Laws, in conducting domestic enquiries etc.
From India, Aizawl
You have not shared the details regarding the misconducts committed by the employee.
If the query is raised purely on academic interest, then in my opinion, following
can be considered as grounds.
1- if the misconduct is very grave in nature
2- if sufficient opportunities were given to the employee earlier
3- if management is fully convinced that he has become a 'sour' to destroy the whole milk.
Before initiating dismissal process, you have to follow the principle of natural justice/
law of land. Proper legal procedure to be followed with by availing the services of a registered legal practitioner who is specialised in Labour and Industrial Laws, in conducting domestic enquiries etc.
From India, Aizawl
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