Labour Law & Hr Consultant
Hr , Personnel & Admin
+2 Others

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:-D 1. what would constitute "unlawful" termination ??
2. how you would go about training managers of the company so that you are positive tehy know the policy (termination and dismissal polciy) and how to apply it fairly.
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Hi ,
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.
Rajeev Dixit
hey can u send me the link beucase i cant seem to find anything about how to train the manger of the company so they are familar with the policy
Hello denial,
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.
Rajeev Dixit
Dear Friend,
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.
Best Wishes,
Vasant Nair
" Termination of employment " can be generally categorized into three types viz., (1) termination by the employee himself (2) termination as per the terms of the contract of employment and (3) termination by the employer.
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.
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