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Legal Opinion Solicited

Last post July 29, 2007 04:36 AM by affluenthr. 1 repiles.

July 29, 2007 04:33 AM 1
Total Posts: 35
Join Date: January 31, 2007
Rank: Executive
Post Date: July 29, 2007
Posts: 35
Location: India

Legal Opinion Solicited

Dear all,

i have a query to ask. We are in the service industry which is very sensitive to guest needs.when an urgent work needs to be done an employee in supervisory cadre shouts back to his supervisor and tells him that, he is not interested in working since he is not provided with additional manpower. He was working on a 7-4 p.m shift and this has happened around 3 o'clock.The same employee removes his uniform and walks towards the lockers and goes out with out any bodys permission.

The employee is confirmed employee.

question no 1. Can we terminate his employment on this ground. will the court of law accept the termination for this reason

Question 2 . if termination is not possible can we suspend him for period of two weeks

Kindly send me your opinion at the earliest

yours Sincerely

benny

July 29, 2007 04:342
tesmian
Total Posts: 63
Join Date: January 31, 2007
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Post Date: July 29, 2007
Points: 315
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Re: Legal Opinion Solicited

does he comes under the workmen or supervisory grade as per the ID act. If he is in supervisor grade, u can terminate his services & pay him compensation as per employment terms & conditions. If he comes under workmen grade, u have to initiate disciplinary actions as per the standing orders which is a obligatory on ur part.

July 29, 2007 04:363
affluenthr
Total Posts: 23
Join Date: January 31, 2007
Rank: Executive
Post Date: July 29, 2007
Points: 115
Location: India

Re: Legal Opinion Solicited

Here are the suggestive answers to ur questions: 

Question no 1. Can we terminate his employment on this ground. will the court of law accept the termination for this reason

In this case, we can not terminate his employment on this ground without issuing him a "Show-cause Notice" for his behaviour. But he can be suspended from his duties with a written notice for not more than 30 days initially, which can be extended to another 30 days at the expiry of first 30 days. If respective employee didn't turn up with his explanation then only you can give him a period of 30 days more. But if he didn't turn up with explanation, then he can be terminated from his employment with a written notice.

Question 2. if termination is not possible can we suspend him for period of two weeks.

For this case you can refer the answer I have mentioned above to your 1st question.