Chandan2ykpankaj
Manager - Hr
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Malikjs
Gm (hr)
Sharmaneesu
Employee
Kamleshkanojia
Hr , Ir , Admin
Darydashy
Hr Management
Soniyaa Sharma
It, (marketing Or Hr)
Cjravliya
Tele Marketing
+5 Others

Thread Started by #sharmaneesu

Dear Seniors,
if a person is terminated because of violating the terms & conditions of appointment / working against the interest of organisation, will he be paid for one month salary.
we have terminated the person with immediate effect on 29th of month because of above reason and dont want to pay for that month.
is there any legal consequency regarding same. we have also issued termination letter to him.
Plz provide your views on same
regrds,
Nishu
21st August 2009 From India, New Delhi
i would say that in any law it has not mention that in termination case you can't give the salary..... if he goes to police and ask for help.. then you would be force to pay him as law says that you have to pay if he has worked.... this is and advice as the same situation happened in mah organisation and that lady called the police and the manager was in police station for few hours.... BUT IF YOU HAVE MENTIONED THIS CLAUSE IN APPOINTMENT LETTER THEN THERE WOULD BE NO PROBLEM .
21st August 2009 From India, Delhi
Hello Nishu,
If is mentioned in the standing orders of your organization (an example is the appointment letter) that the employee would nto be paid any renumeration for the period worked if he/ she is terminated on disciplinary grounds, only then can you go ahead with the above decision. You could refer to the Industrial Disputes Act/ Shops and Establishments act applicable to your state, as well as the Industrial Employment (Standing orders) act for further reference as well.
:-)
21st August 2009 From United States, Round Rock
dear nishu
i will call this type of termination as dadagiri.
you have terminated his services on 29 th of the month without following the principle of natural justice and without giving any opportunity to him ,so he can explain himself.this type of termination is illegal .
secondly whatever wages he has earned upto 29 th ,you donot want to
pay that also besides that you donot want to notice pat also.
your organisation all approaches are illegal,if he will go for litigation than he will win the match.
regards
j s malik

21st August 2009 From India, Delhi
i like your reply SIR....... well i would like to discuss few other topics... can i have you E-mail address.. Please
21st August 2009 From India, Delhi
Dear Nishu,
As it has been rightly advised that you need to follow principal of natural Justice while terminating services of an employee.
Even if he has done misconduct, you need to follow the law related to termination as per standing order i.e show casue notice, chargsheet etc...
In any case if you would have got full and final settelment accepted and signed by him you would have got good document to fight the case.
If this man goes to court there are more chances of he getting court order in his fevour with reinstament and you have to pay him all his salary including for the period he did not worked for you with all benefits.
Better call him get his resignation and settel his account. If he has done any fraud, you can lodge police compalaint and follow the principal of natural Justice.
There can be lot in this and can not be discussed till full facts are know i.e. type of misconduct etc..
Regards,
Kamlesh
22nd August 2009 From India, Mumbai
Dear Nishu,

If the person is not on probation then you are not suppose to terminate him without assigning any reason. Reason must be specified and duly discussed from the both end along with written communication. Salary must be paid for the period of work done. If the person goes legal then your management will come under problem.

Regards

Pankaj Chandan

22nd August 2009 From India, New delhi
yaw I too agree that u cannot terminate any employee without taking into consideration the principles of natural justice.its always mentioned that u need to conduct the domestic enquiry, the charges of mis-conduct of that employee must be proved on resonable grounds, equally u must provide an opportunity to defend himself and give as many chances as possible, so that later it may not become any issue. my email-I.D
22nd August 2009 From India, Vijayawada
Dear Malikji
Hats off, for giving an appropriate and befitting reply.
HR in private sector, especially in small companies, either do not know about natural justice, or influenced by the company culture of "malik-naukar" (master-servant) tend to forget it.
Hence, it is not at all surprising that after "illegally" (without following the due process) terminating the employee concerned, our member sharmaneesu, wants to know whether the company can dispensed with his salary too !!!
It does sounds funny, though actually it is very sad.
Whatever be the causes leading to temination, there are legal ways to manage the issue at hand, and also the post-termination issues.
Regards.

23rd August 2009 From India, Delhi
There is something called Labor law. Your Employment contract or offer letter is not a stamp paper thing. Labor law supersedes everything and it is made to secure and safeguard the Employment fraud and cheating happens in the country. If the Employee has worked then your organization is liable to pay him his salary till his last working day regardless of how severe the punishment it is or how intense mistake he might have did.I was the victim of one such organization and then I had approached the labor court to get it settled. I even received compensation from the Company and an apology letter. If you do illegal business, beware that finally one day you will get hit or your organization on the front page of newspapers tomorrow or on the main page of websites and blogs. I think that the company will not like to get things escalated to this level. Isn't it?
23rd August 2009 From China, Shenzhen
I agree to malik sir as it is really a dadagiri
Next i must say thatif think from employee point of view you will realise that one month salary for a person is very important till the time he/she gets a new job
So, in my view you should have provided that person his/her salary
23rd August 2009 From India, Mumbai
It is illegal to terminate an employee without sufficient ground to do so. Even if you have sufficient ground to terminate the concerned employee, you have to give him chance for explanation. If the concern employee approaches court, the verdict will most likely to go in his favor and in that case you may have to cancel his termination or pay him more compensation. In any case you have to pay him for the period he has worked for. You may move legally against him if he has done harm to company interest.
24th August 2009 From India, Mumbai
Dear Mr. Malik,
Whatever he has done was in written form. his termination also done after his acceptance of his act committed.
He has no guilt of whatever he has done. the only thing is top mgmt is not ready to pay the amount.
I discussed with them all the things, hope they will be ready to pay.
apart from this we havent mentioned any such thing in appointment letter.
regards,
Neesu
24th August 2009 From India, New Delhi
hi all
pls note i am going through a serious problem.
i was terminated from service from a mnc where there is no service rule or not any. point
mentioning the terminatination clause.
the mnc is just playing a dadagiri role.
i am fighting with my own ability.
i went to shop and establishment where the mnc produced a circular
and the mnc is now demanding that they have terminated my service with this circular.
i have demanded the full salary giving an apex court order case as the mnc have terminated me
without any service rule or any staturoy power to terminate my service given in the appointment letter.
pls enlighten me to fight against their dadagiri.
nabolbona
3rd April 2010 From India, Calcutta
Hi all
How much salary is available in case of termination without any service rule or statutory method.
I am suffering from serious problem for the last few years to get back my service but all r in vain.
The MNC terminated my service under Model standing orders of west bengal and paid me only subsistance allowance.
But my service is not governed by Model standing order
To get a justice I approached before Shops and Establishment in West Bengal but they have shown their limitation to handle the case.
But they have pointed out some areas.
Will anyone can help me some good way where i can get right justice.
nabolbona
6th April 2010 From India, Calcutta
hello
i have terminated from the BPO on the 29Th july ......the reason behind was i have miss-behaved with customer only one time....then after i have never got any warning..... i mean , instead of to give me warning , they have terminated immediately without salary.

Now i want to claim on the company.
Pls help me.
30th July 2013 From India
Hello,

I have case where employee was serving his one month notice period (completed 18 days). On 19th the employee was terminated/ sack given on the suspension letter. On the spot termination was done due to Misconduct and violation of the security policy and taking the intellect property of the company to home.

Company is in the possession of the all the personal belonging of the employee (mobile,laptop external hard drive etc.) and conducting forensic investigation whether the data was moved out to third party or not.

So company stated below to employee:

1) He cant get into any meaningful employment till the time investigation is over. Please advise is there any law which protects employee in this senerio? or it is true that employee cant get the him/herself employed else where

2) Company is silent and not mentioning whether Employee will be given full and final settlement. Please advise is there any law which states that he should be entitle for full and final settlement ? if yes kindly state the same,

Point to be noted: There was no monetary loss to the company, nor there was confidential client/employee information was passed to third party.It was only breach towards the accessing the confidential information and intellect property of the company not related to client.

Please any one has answers kindly request them to post the same.
26th September 2013 From India, Mumbai
Dear friends I think I need to submit my ans as well.
1. No company can terminate any permanent employee without proper notice. Their is a statement called as " Natural Law of justice " Where both the parties have equal rights to prove their side. If it is not followed the company management will be in problem. The Termination needs to be followed with showcause notice and charge-sheet where the employer must give good amount of time and patience to employee to prove his side.
Moreover our friend dont want to pay his employees salary ... now we can see it in different manner where the management will be in big time issue and the HR will also be as HR is hired to provide legal suggestions also
1) Sec 420 ( Non - Bailable ) Fraud
2) Sec 427 Companies act
3) Criminal defamation ( If you are firing him with a criminal charge)
It has been seen that Their are companies who are deducting Gratuity amount from the salary .. If you are doing the same .. Congratulations you are about to land in jail.
If your salary component is not proper ... HRA, Dearness allowance.. again you are in problem.....
It can be clearly seen that the employee is fired not because of disciplinary grounds however it is more like personal grudges.. he can very well seek Court .. and any Sub Judicial court can issue a non bailable warrent against your management or people nominated...
If he is able to prove his part in court than you need to pay him for the entire period, the period he is laid off... as you already handed him his termination letter ... he have evidence ..... so dear sir .. please follow constitutional approach....
thank you
11th April 2019 From India, Delhi
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