your employee has not been convicted of any offence involving moral turpitude
2) he has only been arrested with sexual harassment case
3) terminate his services by giving one month notice
Handling an employee arrest
We are a small start up (pvt ltd company with 2 directors) and 4 employees. Our business development executive was not in office yesterday. Late afternoon, we were visited by two policemen to collect his home contact details. We were informed that he was arrested in morning based on some sexual harassment complaint. We are no information on the case. We want to terminate his services. Below is the separation clause from his offer letter: SEPARATION We hope our association will be a long and mutually beneficial one. However, if you or the Company decides otherwise, either party can terminate the employment relationship with One (1) month advance written notice or payment in lieu thereof. Notwithstanding anything mentioned in this Agreement, the Company may terminate your employment, with immediate effect without any notice or salary in lieu of notice, in the event of your misconduct, including but not limited to, fraudulent, dishonest or undisciplined conduct of, or breach of integrity, or embezzlement, or misappropriation or misuse by you of the Company's property, or your insolvency or conviction for any offence involving moral turpitude, or breach by you of any terms of this Agreement or the Company's Policy or other documents or directions of the Company or closure of the business of the Company, or upon you conducting yourself in a manner which is regarded by the Company as prejudicial to its own interests or to the interests of its clients. On your unauthorized absence from the place of work for more than five (5) working days, the Company will be entitled, in its sole discretion, to initiate disciplinary proceedings against you which many lead to the suspension or termination of your employment. On termination of employment and/or your resignation, you must immediately return all tools, accessories, formulae, documents, specifications, books etc. of whatsoever nature in your custody, care or charge and obtain clearance from the relevant person(s), office(s), departments(s), on production of which alone your dues, if any, will be settled by the Company. Kindly advise us on how to initiate action against him and terminate his services
Asked 8 years ago in Business Law
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8 Answers
Hello,
You can terminate his service on the following ground:
On your unauthorized absence from the place of work for more than five (5) working days, the
Company will be entitled, in its sole discretion, to initiate disciplinary proceedings against you
which many lead to the suspension or termination of your employment.
And any which ways you can initiate a disciplinary action against him and terminate him on the ground that due to this act of your the image of the company has been harmed.
Regards
Thank you for your answer. 1. If we need to terminate him with a months notice or pay in lieu, should we mention any reason for terminating the services? 2. We do not know when he will be back to office, should we wait for his return or 5 days of absence or can a termination letter be sent right away? 3. In case he is willing to resign, when he is back in office, can a relieving letter be provided citing reason as resignation?
Asked 8 years ago
1. Yes you will have to mention a reason.
2. As soon as he completes 5 days of absence you can send a notice.
3. yes, that can easily be done.
Regards
1) mention that his work has not been found to be satisfactory and hence services are being terminated
2) you can wait for period of 5 days if you so desire
3) if he is willing to resign give himself relieving letter
Since he is not yet convicted, you cannot terminate him outright for 'conviction for any offence involving moral turpitude'. However, what you can definitely do is to wait for five days, and if he does not turns up, you can terminate his services on the ground unauthorised absence. This will be very much legal. No need to give notice if you take recourse to this approach.
Dear Querist
my opinion on your queries are as under:-
1.. If we need to terminate him with a months notice or pay in lieu, should we mention any reason for terminating the services?
Opinion:- absent from office is sufficient reason to terminate him.
2. We do not know when he will be back to office, should we wait for his return or 5 days of absence or can a termination letter be sent right away?
Opinion:- termination can be sent right away without any reason as per the terms and conditions of appointment letter.
3. In case he is willing to resign, when he is back in office, can a relieving letter be provided citing reason as resignation?
Opinion:- it may also be possible.
Kindly advise us on how to initiate action against him and terminate his service
If you have decided to terminate his services you may do it for the reason that he was arrested by police for the said offence invoking the clause
or breach of integrity, or embezzlement, or misappropriation or misuse by you of the Company's property, or your insolvency or conviction for any offence involving moral turpitude, or breach by
You may decide about settling down his dues.
1. If we need to terminate him with a months notice or pay in lieu, should we mention any reason for terminating the services?
You may terminate his services for the reasons that he is involved in moral turpitude.
You may not even pay his notice period for this reason.
2. We do not know when he will be back to office, should we wait for his return or 5 days of absence or can a termination letter be sent right away?
You can send the termination order to his home address by registered post.
3. In case he is willing to resign, when he is back in office, can a relieving letter be provided citing reason as resignation?
It is your discretion.