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Regarding termination of employee

(Querist) 26 December 2012 This query is : Resolved 
Dear Experts,

Iam workinjg in MNC company in bangalore @ HR & Admin department.

My queary is one of our company employee is working in our orgainisation as a Sr.Engineer-Production from 11 years,from past year he is always coming Late Attendance and negligency in his work,Behaviour with subordinate is very rough.

so our management given servereal chance to improve himself, but he doednt care for any thing.

So our Management decided to Terminate to employee.

Simultaneously he was told to Mangament ,if we are taken any action against to him ,he will be go for legal procedings.

So i kindly request to you sir, plese help to me how to come over this problem.

Thanks & regards,
Aravind

ajay sethi (Expert) 26 December 2012
have you given any warnings in writing ? have you mentioned complaints received from subordinate employees . ?
Guest (Expert) 26 December 2012
You may go through the terms of his appointment, if there is a provision to terminate him by serving termination notice, serbve him with the same or pay him salary in lieu of notice period.

If not prescribed any such thing, the management has to bring all the events on record, including surprise check, warnings, reprimands, show cause notice, etc., before serving charge sheet, if the management wants to terminate him as a measure of disciplinary action. The procedure in that case is lengthy for which the management would need to take help from some expert in service matters to make that process fool-proof.
R.K Nanda (Expert) 26 December 2012
management can terminate him after serving

termination notice on him.
Aravinda.K.S. (Querist) 27 December 2012
Dear Sir,

First of all thanks for your valuble suggestion given to me.

Further regarding the Worning letter or Termination letter we can not given to him.because of our management will be resolved this problem smoothly with out any letter.

Along with our XYZ consultancy given opinin to us, Any employee working above supervisory grade there is no any letter issue to him & immedialtely we can terminate terminate with any documents.

Please give me your suggestion sir.

Thanks & regards,
Aravind
Guest (Expert) 27 December 2012
OK, you can follow advice of your XYZ consultancy and terminate people above supervisory level without any warning or termination notice, and be prepared to face with the reinstatement of their services through court cases and resultant humiliation of the management.

Best of luck! By the way, when you have your own XYZ constancy and your company has to follow their advice, what was the need to post your query here?
Raj Kumar Makkad (Expert) 01 January 2013
I do endorse the views of ld. Dhingra g.


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