I need a clarification about termination.Does a person who is terminated directly eligible for 3 months salary compensation.If not given will it have any legal bindings.Does the company need to suspend,conduct enquiry and then terminated.Waiting for your advise.
From India, Madras
parthasarthiTerminating employees without notice or conducting enquiry for alleged misconduct is not valid. In such cases if employment appointment letter states three months notice period and employer want to immediately terminate employee he can be given three months notice pay.
Failing to which, He will be liable to recovery of money dues and employment terminated due to the unjustified manner. such cases are results in Reinstatement with fullback wages.
I used to work in one company in India as Senior Manager HR in corporate, One fine day Chairman who was whimsical tried to test my knowledge and I explained to him my knowledge about how to prepare project report, project cost, import & exports, Licensing, statutory compliances, excise and customs duties and financing projects, listing on stock exchange and tricks of making profits before even we can actually start business by over invoicing etc....
he could not find any fault but in the meetings of all Senior Vice-Presidents he felt insulted as he was targeting me and altimately he challenge me to write HR Policy and Procedure in 24 hours........
I immediately said I will take two weeks, then challenge my ability I counter question his question which he does not like that then he called mhis ego hurt e next day and instructed me to do impossible things. I immediately tendered my resignation and in 2004 I got 120,000 INR as my three months Basic pay in lieu of notice period although chartered accountants were not happy and they were trying to explain me that how I am not eligible for this notice pay but I said you have accepted my resignation with immediate effect hence you have to pay me three months notice because I have mentioned in my resignation to served my notice period. Which they finallly agreed because I was right, then I left India immigrated to Australia.
From Saudi Arabia