Madhu.T.K
Industrial Relations And Labour Laws
Ravikanth.msv
Compliance/legal Team.
Mnwakodkar
Statutory Compliance
Gaurig13
Hr , It Recruitments, Recruiter
Pankaj.k.Sharma
Private Organization
Amartyachaudhury1
Key Account Executive
+5 Others

Thread Started by #Karthi HR

Dear Friends,
Can you Guide me on the Termination Policy....
Spot termination of an employee is possible or not. If it is, then is company have to pay any compensation to the terminated employee.
Any notice to be issued to the employee....
Or any Specefic period to be give befor terminating....
On what kind of reason an employee can be terminated....
If it is possible can you send me the detailed termination policy....
is any labour rule is applicable....
Regards,
Karthi
6th January 2009 From India, Thrissur
An employer who appoints an employee has right to terminate his services also. But before doing so, the employee shall be given an opportunity of being heard or he shall be given sufficient time to find an alternative employment.

If you follow the Industrial Disputes Act, 1947, retrenchment of employee who has been in continuous service of at least one year (one year of service means 240 days of work including Sundays or weekly off days, holidays and paid leave) without giving compensation at the rate of 15 days salary for every year of service is illegal. Similarly, an employer should give notice to employee of his intention to terminate his service before one month of such termination. In lieu of notice, one month pay shall be paid. If the employer is employing more than 100 employees, then the notice or the payment in lieu of notice shall be for 3 months.

Termination on the ground of misconduct is possible after conducting a disciplinary action. Here, the employee should be given an opportunity to explain his stand. Discharge or dismissal without holding an enquiry is illegal.

Regards,

Madhu.T.K
8th January 2009 From India, Kannur
Dear Sir, Thanks for your information.... It really helps a lot.... If Possible can you guid me on ESI Procedure ...what an employee & an employeer should do...... Regards, Karthi
8th January 2009 From India, Thrissur
Dear Karthi HR, Please follow the link. Regards, Madhu.T.K
10th January 2009 From India, Kannur
hi is there any rule for termination in the appointment letter if there is no service rule or act in the establishment then cay the employer terminate giving the reason of misconduct
31st March 2010 From India, Calcutta
Hi there, I would like to know how many reminders we have to give to an employee before termination. It would be great , if I get the warning memo fofrmat for termination. Thanks , Vidya
23rd August 2010 From India, Chennai
Hi All,

Im an IT Recruiter with 3+ yrs of IT exp, i would like to initiate a process for Unprofessional employees we come across in our day to day life of recruitment's. By Nonprofessionals i mean candidates who are not serious about job change but still go ahead with interview procedures, who always give excuses for not attending a personal interview being in the same city, candidates who take a offer and never respond to calls, avoid communications and other unprofessional activities.
I understand that its a Task which a recruiter has to inculcate within himself or herself but there are some candidates who can be smarter as well and a recruiter cant tackle it always she can be wrong sometime in identifying a perspective candidate.
In short i would like to start a process wherein we can BLACKLIST a particular candidate who is found UNPROFESSIONAL, we( i mean the HR, Recruiters) should actually publish the names of the candidates who do so, afterall we are the person who face difficulties i may be wrong as well.

Just would like to know few opinions on the same and if someone disagrees let me know a substitute for the same.

NEED FEW SUGGESTIONS ON THIS

Thanks,
Gauri

26th August 2010 From India, Pune
Hi All
Thanks Mr Madhu for your updated information
My service was terminated after completing nearly 25 years of service on misconduct.
Domestic enquiry was made within the office premises by an unidentified person but intially I was absent for some reasons but at the end I requested to give me chance for my clarification under natural justice but my request was turned down by the employer.
In this case how can I fight to get back my service or what action can be taken against the MNC in Kolkata
your valuable information will save my family
Nabolbona
6th October 2010 From India, Calcutta

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After going through your representations I understand that your case has already been closed against you since you did not avail of the opportunities offered by the company (employer) and the Labour Court. Now it is a matter of reopening the case, which I feel, very difficult. Moreover, the case have been rendered time barred for an appeal before the Hon. High Court of West Bengal.

Fighting for the benefits of other employees is not a new thing and if you were suspended on the ground of it it could have been declared illegal very easily had you been present before the Enquiry Officer appointed by the employer. Always the EO will be a person not attached to either of the parties to the enquiry. Therefore, you should have appeared and put your defence. That was why the Labour Court could not set aside the verdict of the Enquiry Officer.

Now a possibility of reopening is that if you could prove that the procedure followed by the management to conduct the domestic enquiry was unfair. For instance, if the management had not communicated the charge sheet, date of domestic enquiry etc or if the management had not given you a show cause notice asking you to show cause why the findings of the EO should not be accepted and you should not be terminated from service on the basis of such findings etc etc. If there was any lacuna from the part of the management you may try to highlight it and try for a reopening of the case with the help of a good lawyer.

Regards,

Madhu.T.K
7th October 2010 From India, Kannur
Hi All,

I was working in a MNC located in Gurgaon since March, 2008 as a Quality Analyst.For Quality Analyst notice period is of 60 days that can not be buy out in any case, an employee has to serve 60 days in company. So, I resigned on 31-November-2011 and ready to give 2 months of notice period. But I was terminated on the spot from my service in 23-February, 2012. Apart from me there were 7 people but company terminated only 4 people. Out of those 4, 2 were already on notice period.

Reason for terminatoin is that I was doing transactional audit using another users ID, because mine was not working & operation manager is already aware of that. But I didnt make any changes in any account & not even did any transactional loss for the company.

They terminated us saying this is the policy, but if this was the policy, why is it got changed for other people. And if it is a policy, niether they gave me 2 months salary nor they gave me relieving letter.

So please suggest me if I can get my relieving letter through Labour Laws.

Regards,

Pankaj Sharma
9th August 2012 From India, Delhi
#Anonymous
HI,
can any one clarify me on the below issue.
If a person has been terminated on the grounds on discipline with out giving the notice..(where the scenario is they have a doubt on the employee that he was doing some freelancing job by using company resources).Where the employee is struggling for His salary for the month which he served and PF amount( almost he is working for 2 Yrs) and relieving letter.
Company is saying that hey have some proof but When he requested show them they were not showing to him not they are taking his explanation.After a long conversation, employer has decided to give his salary but not PF amount.
can any one suggest me, can he demand for his PF amount an relieving letter.
19th May 2013 From India, Hyderabad
Starting August suddenly I was handed over a Termination letter from my previous company (company type - Proprietor) stating under-performance, which stands in correct as my monthly target always exceeded than given (e.g Monthly Sales Target - Month April - 2.5L, achieved 3.75L; Month May - 2.5L, achieved 4.10L, Month June - 3.0L, achieved - 4.40L; Month July - 3.0L, achieved - 4.95L) & in August- Surprise Gift.

The company also paid salaries very very late (while joining it said by 10th) e.g - salary of May\'13 was given on 26th June\'13, and later came to know also it had a bad reputation n the market of \"Check bounce\" which was given to suppliers.

So based on the given true facts how to do I claim for my basic right i.e salary from a Proprietor company or at-least teach the MD a lesson for cheating on employee & not to be faced by others. (although would like to mention that few days back had a tough face to face talk with the MD...yelling that I will not give you any money, do whatever you feel like).

So again based on the facts although I have got into another company (just had to wait for 20 days). But here too they have PF, salary given on time, growth structure - a Ltd company.... just wanna make sure or rather understand how to evaluate any company in practical.

All your esteemed suggestions/Advises would be highly regarded as am I don\'t wanna fall again.

Thank you.

Regards

Amartya Chaudhury
11th October 2013 From India, Kolkata
Karthy,
As Madhu Sir said exactly that no worker can be dismissed on the ground of indiscipline without conduction a domestic enqiry against him.This is provision made under ID Act.
But for the instance,you did not want to see him on work more,you can suspend him pending inquiry and arrange for inquiry proceedings in next course.After concluding all process he can be dismiss according the finding reports.
Thanks,
Mangesh Wakodkar
Aurangabad
11th October 2013 From India, Pune
Dear Sir,
I would like to know if an employee who has been working in an organization for past 4 years, be terminated without paying any severance pay if :-
1. He is a constant lat comer to work
2. He takes uninformed leaves in a month.
3. He approaches clients of the organization and tries to degrade the name of the employer and his services.
He has been issued a letter of warning for the same and still there seems no improvement from his side. Your inputs on the above will be very helpful.
Regards,
Suraj
4th April 2014 From India, Mumbai
On these ground you can very well frame charges and ask the employee to reply and conduct an enquiry if required and then take a call of terminating him. At the same time, if you had not given any warning letter, conducted any enquiry based on the reports available after giving him a charge sheet narrating the charges, your act of terminating will be viewed as illegal. The charge sheeted employee should be given opportunities to be heard before any action is taken against him.
Madhu.T.K
5th April 2014 From India, Kannur
Thank you very much for writing back. Would appreciate if you could also put some light on the below.
After the enquiry if the employee is still found to be at fault, can he be terminated? If yes, would like to know if the organization is still liable to pay severance pay to the employee?
Regards,
Suraj
5th April 2014 From India, Mumbai
Occurrence of a misconduct can be viewed as 'habitual' but that itself will not lead to termination without holding enquiry. You have to conduct another enquiry and certainly, in that enquiry the precedence shall be a strong evidence against him which can be compounded to arrive at a punishment this time.
If the termination is after conducting an enquiry and as punishment, then severance pay need not be paid. But at the same time, an employee eligible for gratuity should be paid gratuity even if he has been terminated following an enquiry other than for those gross misconducts involving moral turpitude or violent behaviour or such acts causing damage to company property.
Madhu.T.K
5th April 2014 From India, Kannur
Hi Gauri,
This cannot be done... Black listing of candidates on mere "NO SHOW" to the interviews & Taking offer letter & not responding ( it may not amount to UNPROFESSIONAL behavior), cannot be done, Publishing of such candidate names would attract legal problems to the Firm (its not justifiable at all) ...... We do understand the pain of recruiting( the targets, revenue & pressure from clientele). However, on a professional level it may not be done.... My take on this particular issue would be, Analyze the NEED of the Prospective employee before recruitment/interview. If that NEED ANALYSIS can be done ( A Smart recruiter in No Hurry can do it better) the problem of No show can be nullified to maximum extent..... Coming to no response after Offer is purely on the Candidate, it is all his/her right to reject the offer ( no response is a way of saying "i may not accept your offer").
22nd April 2014 From India, Bangalore
#Anonymous
I have Question like if Employee left job and with in one year if company can refuse to pay his last month salary
9th November 2016 From India, Mumbai
Company cannot refuse to pay the salary for the period one has actually worked. Therefore, the question of one year or one month does not arise. The employer is suppose to make payment of wages of a left employee within 48 hours of his leaving the company.
Madhu.T.K
10th November 2016 From India, Kannur
Hello All, I just want to know if an employee completed 6 years in same organization and then employer going to terminate of employee without given any notice or without reason, what action should be taken by employee. Secondly as per law what's components should be payable? pls suggest.
24th May 2017 From India, New Delhi
The explanations are available in the threads itself. One thing is very important, if the employee has been working in managerial capacity he cannot get the protection of labour laws whereas it is available to those who are not under managerial or supervisory capacity. In such cases, termination is illegal if it is made without giving notice and without paying compensation which is equal to 15 days wages for every completed year of service. Wages for this purpose should include basic wages, dearness allowances and all other fixed allowances which form part of salary as per contract of employment or settlement with the workers.
Madhu.T.K
1st June 2017 From India, Kannur
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