How to terminate an employee found doing proxy attendance

We have one case in which we found one employee doing proxy attendance from mobile, we downloaded greythr employee swipe data n found another user have marked his attendance, to verify more we checked cctv n found him guilty,
we consulted with him, but he is not ready to accept, we want to terminate him, and we have asked him not to come office, to ease the procedure we told him to give resignation by mentioning to relieve immediately, but his attitude and asking payment is improper.
So want ur views in such case should we ask him to give resignation, if we ask resignation there will b notice period issue, if we give termination letter then what is legal procedure which we should carry out.
as such that employee is reluctant to accept his mistake, and its integrity issue for company.

Please suggest your best possible view , as our company is not that big only 80 employees most of them are workers n few office workers

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Hi Ashish,

Though this is quite a late response to address your query, yet sharing the industry practices for future reference.

In any such scenarios where an employee conducts himself/herself inappropriate as against the company policies, rules and regulations, the employer can give a written show-cause notice to such employee. The notice has to cover the act or omission that causes or constitutes misconduct, violates the governing policies specifying the dates.

A show-cause notice generally questions the employee on the specified grounds as to why not the employer take suitable action against such an employee. The grounds are usually either some misconduct, or violation of the prescribed duties, obligations, or breach of agreement, etc.

The employer has to reasonably hear the employee’s reasons, and if the employee is reluctant to admit guilt, place the evidence, and take suitable action. The employer has to make sure all such activities are recorded in writing.

The employer’s company policies have to be clear specifying the dos and don’ts to be followed by the employees with proportional consequences to any violation of such regulations. The consequences are usually either the employer reprimand the employee, issue a warning letter, suspension, cancellation of any promotion or increment, or termination based on the nature and gravity of the act/omission caused by the employee.

Proportionality in punishments is pivotal to avoid litigations.

Regards,
Bhuvana Anand

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