Madhu.T.K
Industrial Relations And Labour Laws
+1 Other

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How many Phases are mandatory before terminating a employee? nd what are they?
Termination of service for misconduct shall be made only after giving the employee an opportunity to be heard. To be justifiable, termination of service after holding domestic enquiry should involve the following procedures.
1. Serving Show Cause Notice calling the delinquent employee to explain why action should not be taken.
2. If explanation is not satisfactory, issuance of Charge Sheet describing charges.
3. Conducting Domestic Enquiry
4. Obtaining report of enquiry Officer
5. Serving a second show cause notice calling on him to show cause why the report of the enquiry officer should not be accepted
6. Terminating or dismissing the employee.
In case of termination of service due to any reason being expiry of contract period, no need to follow the above.
Regards,
Madhu.T.K

Dear Madhu T. K.
I run a start up in Mumbai, India. I recently terminated an employee for misconduct; i.e. regularly getting into petty fights with other employees, disturbing the workflow and yelling at seniors without reason.
The employee has submitted an apology letter accepting the misconduct in written form and accepted the termination letter, however is now demanding one month's extra salary as he was terminated by the company.
I want to know whether there is any corporate-law that fits in such situation. I am giving the salary for the number of days present but certainly don't wish to give one more month's salary for which he hasn't worked.
Kindly share legal information on this.
Thanks and regards,
Sandeep R. Sharma

Since this is a termination for misconduct he cannot demand compensation. If the termination was done after completing formal enquiry and giving the accused all opportunities to prove his innocence, then no problem. But if you had not conducted an enquiry but you simply terminated him then you may pay him one month salary and settle the matter. But please document it.
Regards,
Madhu.T.K

Yes, I did conduct a meeting where i asked him to give an explanation. After the meeting I had asked him to submit a letter giving the same explanation for the misbehavior. I have that letter with his signature as a proof of the incident wherein he has apologized. Also he has accepted the termination letter where it is clearly mentioned that the termination is based on disciplinary grounds. Though his lawyer claims that the company need to pay him 1 months extra salary.
Also, I do not have a charge-sheet or a show-cause notice. Will this affect? In a case where I do have two official documents supporting 'termination due to misconduct' do I still need to pay 1 months extra salary?

The thing is that we cannot define what constitutes 'reasonable opportunity to defend the charges' and therefore, if the employee could prove that he was not given sufficient opportunity but you (the employer) took his signature by force, then the thing will go in a different way and the court may order for reinstatement. Therefore, it is better to pay him one month pay and relive him on the basis of his resignation.
Regards,
Madhu.T.K

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