Aarti,
Consider the following,
>>>Any person who worked with any company for 240 continuous day is supposed to be a confirmed employee
>>>If mgmt wants to sack him for any reason, first you need to give him / her a show cause notice & wait for his reply
>>>If his reply is satisfactory, you must give him time to improve. If his reply is unsatisfactory, you need can keep him under suspension & organise for an internal enquiry (to be conducted by a qualified lawyer where mgmt & employee will be at their liberty to project their side)
>>>During suspension period company needs to pay "Subsistence allowance". First 90 days 50% of total salary, 91-180 days 75% of total salary, after 180 days full salary need to be paid as subsistence allowance.
>>>Company needs to wait for the internal enquiry result. If whatever mgmt says is proved (Egs: lower performance in ur case) in the internal enquiry, you can proceed with punishment based on the gravity of the offence (lower performance in ur case)
>>>After this internal enquiry & subsequent punishment, next the victim (punished employee) can put forth his case before labour commissioner.
>>>Labour commissioner will try to resolve issues between mgmt & victim to his level best without compromising laws. If cannot be resolved at his level, he will foward the files stating, issue not resolved to labour court
>>>In labour court both have to right to fight on their own & win or loss
In the above sequence if anything is not followed, mgmt will be liable for declaring punishments on its own will & wish.
For deciding on punishments based on gravity of misconduct, you need to take advice for lawyers or previous labour law judgements.
In most of the cases labour courts gives decision in favour of workers.
Devarajan
9841822629
From India, Madras
Consider the following,
>>>Any person who worked with any company for 240 continuous day is supposed to be a confirmed employee
>>>If mgmt wants to sack him for any reason, first you need to give him / her a show cause notice & wait for his reply
>>>If his reply is satisfactory, you must give him time to improve. If his reply is unsatisfactory, you need can keep him under suspension & organise for an internal enquiry (to be conducted by a qualified lawyer where mgmt & employee will be at their liberty to project their side)
>>>During suspension period company needs to pay "Subsistence allowance". First 90 days 50% of total salary, 91-180 days 75% of total salary, after 180 days full salary need to be paid as subsistence allowance.
>>>Company needs to wait for the internal enquiry result. If whatever mgmt says is proved (Egs: lower performance in ur case) in the internal enquiry, you can proceed with punishment based on the gravity of the offence (lower performance in ur case)
>>>After this internal enquiry & subsequent punishment, next the victim (punished employee) can put forth his case before labour commissioner.
>>>Labour commissioner will try to resolve issues between mgmt & victim to his level best without compromising laws. If cannot be resolved at his level, he will foward the files stating, issue not resolved to labour court
>>>In labour court both have to right to fight on their own & win or loss
In the above sequence if anything is not followed, mgmt will be liable for declaring punishments on its own will & wish.
For deciding on punishments based on gravity of misconduct, you need to take advice for lawyers or previous labour law judgements.
In most of the cases labour courts gives decision in favour of workers.
Devarajan
9841822629
From India, Madras
Dear Aarti,
Check the appointment letter issued to the concerned employee, if termination clause includes performance issues along with conduct, and other points you can terminate without providing any notice pay though the employee is confirmed in services of your company provided the following points are satisfied.
1. Memo/Notice must have issued to such employee suggesting improvement in performance.
2. Show Cause Notice is required to be given by providing reasonable time seeking explanation.
3. Principles of natural justice should not be violated, hence it is required to provide reasonable time to give reply.
4. An inquiry is required to be conducted in the presence of witness based on reply of employee.
5. Must have all above documentary evidence with you.
If you have done this process, termination letter can be issued without giving notice pay
With Best Wishes,
Srinivas
From India, Bangalore
2Check the appointment letter issued to the concerned employee, if termination clause includes performance issues along with conduct, and other points you can terminate without providing any notice pay though the employee is confirmed in services of your company provided the following points are satisfied.
1. Memo/Notice must have issued to such employee suggesting improvement in performance.
2. Show Cause Notice is required to be given by providing reasonable time seeking explanation.
3. Principles of natural justice should not be violated, hence it is required to provide reasonable time to give reply.
4. An inquiry is required to be conducted in the presence of witness based on reply of employee.
5. Must have all above documentary evidence with you.
If you have done this process, termination letter can be issued without giving notice pay
With Best Wishes,
Srinivas
From India, Bangalore
Dear Aarti,
Check the appointment letter issued to the concerned employee, if termination clause includes performance issues along with conduct, and other points you can terminate without providing any notice pay though the employee is confirmed in services of your company provided the following points are satisfied.
1. Memo/Notice must have issued to such employee suggesting improvement in performance.
2. Show Cause Notice is required to be given by providing reasonable time seeking explanation.
3. Principles of natural justice should not be violated, hence it is required to provide reasonable time to give reply.
4. An inquiry is required to be conducted in the presence of witness based on reply of employee.
5. Must have all above documentary evidence with you.
If you have done this process, termination letter can be issued without giving notice pay
With Best Wishes,
Srinivas
From India, Bangalore
Check the appointment letter issued to the concerned employee, if termination clause includes performance issues along with conduct, and other points you can terminate without providing any notice pay though the employee is confirmed in services of your company provided the following points are satisfied.
1. Memo/Notice must have issued to such employee suggesting improvement in performance.
2. Show Cause Notice is required to be given by providing reasonable time seeking explanation.
3. Principles of natural justice should not be violated, hence it is required to provide reasonable time to give reply.
4. An inquiry is required to be conducted in the presence of witness based on reply of employee.
5. Must have all above documentary evidence with you.
If you have done this process, termination letter can be issued without giving notice pay
With Best Wishes,
Srinivas
From India, Bangalore
Dear member,
In your querry, one point is not clear. Whether the employee is on probation or has be been confirmed by your company.
Please refer to the clause of termination in the appointent letter given to the employee by your company. In all probability, if the company does not want to serve the notice of termination, the employee should be paid salary in lieu of the notice period, applicable to him.
Thanks & regards
R K Nair
From India, Aizawl
In your querry, one point is not clear. Whether the employee is on probation or has be been confirmed by your company.
Please refer to the clause of termination in the appointent letter given to the employee by your company. In all probability, if the company does not want to serve the notice of termination, the employee should be paid salary in lieu of the notice period, applicable to him.
Thanks & regards
R K Nair
From India, Aizawl
HI
As per my opinion, If an employee is being terminated during the probation period then co. is not liable to give him notice. But in case of confirmed employee, Co. is liable to pay him/her advance salary for the mentioned notice period.
From India, Gurgaon
As per my opinion, If an employee is being terminated during the probation period then co. is not liable to give him notice. But in case of confirmed employee, Co. is liable to pay him/her advance salary for the mentioned notice period.
From India, Gurgaon
Dear Aarti,
Let us keep it simple:
If there is a Notice Pay clause in the Appointment letter it is applicable both ways.
If employee resigns he must either pay or serve notice period.
Similarly if the employee is terminated, the date of termination from the date of intimation should cover the notice period else the Company needs to pay.
Here the terms which are important and only relevant are two : Termination and resignation.
It is totally irrelevant to get into the reasons leading to any of the above acts or whether the act is valid.
Therefore even if the termination is not legal it is a separate issue and no way connected to the notice pay.
Regards,
SC
From India, Thane
Let us keep it simple:
If there is a Notice Pay clause in the Appointment letter it is applicable both ways.
If employee resigns he must either pay or serve notice period.
Similarly if the employee is terminated, the date of termination from the date of intimation should cover the notice period else the Company needs to pay.
Here the terms which are important and only relevant are two : Termination and resignation.
It is totally irrelevant to get into the reasons leading to any of the above acts or whether the act is valid.
Therefore even if the termination is not legal it is a separate issue and no way connected to the notice pay.
Regards,
SC
From India, Thane
Hi every one am a new for this forum, i brought you as my query regarding salary structure, in my company i only prepared HR department another process too, as our payslip containing, basic= 50% of gross, HRA As = 50% of basic, hen other things as conveyance= 800, medical reimbursement= 1250 for all remaining amount will be as other allowance, this type of structure i had prepared and following till bcos i thought this way of structure will avoid our companies contribution for PF of some employees who has basic more than 6500/- . but now am confusing bcos if we will give hike to them for nxt yrs we have a problem in their basic pay.
pls suggest me i fixed above structure as per rule, metro cities must need 50% basic, that why i followed,
Is tat any other way to prepare company favorable and benefitable salary structure, it same as another IT company, bcos i working in IT company.
Pls suggest to folow good method with percentage.
From India, Madras
pls suggest me i fixed above structure as per rule, metro cities must need 50% basic, that why i followed,
Is tat any other way to prepare company favorable and benefitable salary structure, it same as another IT company, bcos i working in IT company.
Pls suggest to folow good method with percentage.
From India, Madras
In my 32 years of career and 8 Companies, I have seen termination order issued only once. In that case to Company went for settlement with the employee as employee filed a case was filed in the court.Mostly HR managers try to get resignation from the employee. Whatever you may write in the appointment order, it can not over-ride constitution of India.
From India, Mumbai
From India, Mumbai
Apart from termination,recently few employees were denied terminal benefits like PF & Gratuity on the last date of their retirement
From India, Ahmadabad
From India, Ahmadabad
To All,
What Devaranjan and Srinivas has stated is absolutly correct. Any employee completing continuous 240 days of service is entitled to get one month notice or pay in lieu thereof in case an employer wants to terminate the services of an employee failing which the employee can get the termination order quashed from the labour court under the Industrial Dispute Act. In case of non-performance of an employee, employer can take action of termination only after holding domestic inquiry as per the Industrial Dispute Act which is the same as described / stated by Mr Devaranjan and Mr Srinivas.
Thanks
Y C Bhardwaj
Ph 9891998574
From India, Delhi
What Devaranjan and Srinivas has stated is absolutly correct. Any employee completing continuous 240 days of service is entitled to get one month notice or pay in lieu thereof in case an employer wants to terminate the services of an employee failing which the employee can get the termination order quashed from the labour court under the Industrial Dispute Act. In case of non-performance of an employee, employer can take action of termination only after holding domestic inquiry as per the Industrial Dispute Act which is the same as described / stated by Mr Devaranjan and Mr Srinivas.
Thanks
Y C Bhardwaj
Ph 9891998574
From India, Delhi
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Termination-emp loyment_563.pdf
PF query.doc