Take help to understand employment Laws
There are laws to safeguard the rights of both, the employer and the employee. Many times the employee leaves the job to take up a better one elsewhere. Sometimes the tasks he has been performing become obsolete and he may be asked to leave. But there are times when an employee is dismissed due to other reasons.
Some of the fair reasons to end the contract between the employer and employee are:
- Under performance
- Hazardous behaviour
- Refusing to follow instructions
- Redundancy (A job becomes redundant when the work accomplished by any member of staff is no longer necessary as the job has been replaced by technology or the work has been restructured).
Whatever the reason be, the employer has to follow a set of rules and processes, pre-defined by the employment law, before he can legitimately terminate the services of an employee.If he follows the entire process properly then there will not be any dispute.
Firing an employee is not an easy step, and the employer should try all the other means to solve the conflict before the actual termination becomes unavoidable. According to the laws, any employee cannot be asked to leave without proper notice or explanation
When it comes to disciplinary issues then any errant employee needs to be warned, a few times.First a soft warning, that may be verbal; but if he does not improve his behaviour and it is affecting the company and co-workers, then he should be given a written notice, reprimanding and warning him
Normally if nothing works then the employer is entitled to give a termination notice to the errant employee. It will involve a notice period depending upon the duration of time the employee worked with the company and the rules of the company. This notice period may be pre-empted by salary in-lieu of notice period.
There are situations when there is no need for a notice period, for example, if the employee indulges in gross misconduct like an illegal activity in the place of work. At such times you may not even have to pay him any of the final benefits. But the employer must have clear proof of the errant behaviour or wrongdoing.
There are instances when employees try to take undue advantage of the company policies for sick leave and other benefits. If you are wondering how to dismiss employees who pull sickies , then you need to understand that this may become a repeated behaviour of some employees. They try to claim leave on the basis of sickness, though they are completely alright. This affects the company’s work schedule. When this behaviour is repeated often then it is in company’s interest to investigate and take necessary action against the errant employee.
Sometimes the situation may be reversed, and there may be an unfair dismissal. If there is no valid reason for the dismissal or if the entire process of notices and investigation has not been followed, then it might be considered as unfair dismissal.The laws state that every step of the process should have written evidence. An employee cannot be dismissed for any arbitrary reason. Discrimination on any basis is strictly prohibited so an employee cannot be fired on any of these grounds. For example, an employee cannot be fired on the basis of his religious affiliation, gender, or membership to a union.
An errant employee should be warned a few times. He should be given a written notice describing all the allegations against him. The employee should also be allowed to explain his side of any allegeddemeanour.
There are different set of rules clearly describing the steps of action to be taken, for every kind of errant behaviour. For example, if an employee has been absent for a long stretch due to illness will have to be dealt with differently if another employee is absent due to stress or pregnancy.
Any employee who is being terminated is eligible to get some monetary benefits, depending on his tenure with the company, company policies and the employment contract.
Remember that every procedure is clearly defined and it is important for both the employee and employer to know all the intricacies and act according to the laid down laws to avoid any kind of disputes.