Dear All
Many a times HR Managers are confronted with the following question.
Can we fire a Employee without giving notice period due to misbehavior or if he is found drunk during working ours do we still have to pay the notice period?
Section 13 of the Delhi Shops Act lists the Acts and omission constituting misconduct
for the purpose of Section 30,misconduct shall include the following acts and omission on the part of an employee:
(a) willful insubordination or disobedience, whether or no not in combination with another, of any lawful and reasonable order of superior;
(b) going on an illegal strike or inciting, abetting or instigation or acting in furtherance thereof;
(c) willful slowing down in performance of work, or abetment, or instigation thereof;
(d) theft, fraud, misappropriation or dishonesty in connection with the employer's business or property;
(e) habitual absence without leave, overstaying the sanctioned leave without sufficient grounds, or proper and satisfactory explanation, or habitual late attendance;
(f) commission of any act subversive of discipline or good behaviour on the premises of establishment, such as. drunkenness, riotous, disorderly or indecent behaviour, gambling or holding meeting without previous permission of the employer or taking or giving bribes or any illegal gratification whatsoever;
(g) habitual neglect of work or gross or habitual negligence;
(h) willful damage to work in process or to any property if the establishment;
(i) disclosing to any unauthorised person any information in regard to the processes of the establishment which may come into the possession of the employee in the course if his work.
Therefore drunkenness will come within (f) above.
Section 30: Notice of dismissal
(1) No employer shall dispense with the services of an employee who has been in his continuous employment for not less than three months, without giving such person at least one months' notice in writing or wages in lieu of such notice :
Provided that such notice shall not be necessary where services of such employee are dispensed with for misconduct, after giving him an opportunity to explain the charge or charges against him in writing.
Therefore you will have to follow the procedure of issuIing a Show cause Notice and conduct an Enquiry by appointing an Enquiry Officer and act based on the Enquiry officers report.This is a safe and secure process .But many of t Employees considering their future will opt to resign facilitating the exit process.
The reference to the Delhi Act is for illustration and each report of "Misconduct" has to be tackled in accordance with the Shops and Establishments Act applicable to that State where the Employee is working.
With Regards
VS Rajan Associates,
Advocates & Notaries -Legal Consultants-HR
No.27, Ist Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
E-mail : rajanassociates@eth,net,
Off : 044-42620864, 044-65874684,
Mobile : 9025792684
