If the termination is not justifiable in the eyes of law it is unlawfull.
There should be always a geniune reason for terminaton.The employee
has to be given time and scope for explation .for instance if you are
terminating an permanent employee for misconduct but without domestic
enquiry then its a unlawfull termination and the employee can sue you
in the court.
If you go through the industrial disputes act 1947 you will get answers
for your questions.
17th April 2009 From India, Bangalore
17th April 2009 From Australia, Melbourne
The ID act deals with Layoffs,retrenchment ,termination and dispute
settlements between the employer and employee.It states rules and
regulations regarding the same.The main intention of it to maintain
proper relations between the both under the frame work of law.
Regarding training mangers in handling termination and settlements.It
should be noted it comes through pratical experience and through
proper understanding of the acts and procedures.It think its
a gradual process.
Hope it is clear with you.
18th April 2009 From India, Bangalore
There's nothing called "unlawful termination". Essentially termination is unalwful in the eyes of the law.
In case you wish to train your Managers in Managing Discipline and handling separations ( including termination ) call me over and I will conducta one day workshop for you.
13th November 2009 From India, Mumbai
Of these, there can not be the element of illegality in the first two categories for the first is a voluntary one subject to notice by the employee and approval thereof by the employer and the latter is the resultant effect of the operation of the separation clause as agreed upon. In the third case i.e termination of the employee by the employer, illegality can be ascribed when it is in violation of the provisions of applicable labour laws like the Industrial Disputes Act,1947, Shops and Estt Act etc., in breach of the contract of employment and as a result of any disciplinary proceedings in violation of the principles of Natural Justice.
16th October 2016 From India, Salem