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.
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.
j s malik
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..
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.
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.