Madhu.T.K
Industrial Relations And Labour Laws
Ravikanth.msv
Compliance/legal Team.
Mnwakodkar
Statutory Compliance
Amartyachaudhury1
Key Account Executive
Gaurig13
Hr , It Recruitments, Recruiter
Pankaj.k.Sharma
Private Organization
+7 Others

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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

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

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
From India, Thrissur
Dear Karthi HR, Please follow the link. Regards, Madhu.T.K
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
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
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

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

From India, Calcutta

Attached Files
File Type: doc Respected lawyers.doc (22.5 KB, 1503 views)

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

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

From India, Delhi

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