PF & GRATUITY both are not terminal benefits, employer has no power/authority to stop PF. Even if employer is not willing to give PF withdrawal/transfer forms it is quite possible for employee to get from PF authorities.
With Best Wishes,
Srinivas
From India, Bangalore
2With Best Wishes,
Srinivas
From India, Bangalore
Dear Aarti,
To terminate a confirmed employee there is no option except any one of the followings:
1) Pay notice period salary to get rid of the non-performing employee immediately to avoid spoiling of any more work of the organization;
OR
2) Save the notice period salary, BUT BEAR WITH paying the salary to the non-performing employee for the duration of the period till you are able to prove indiscipline/ non-performance on the part of the employee by adopting a due long process of disciplinary action against him by giving him/her notice, waiting for reply, appointing an inquiry officer to adopt a due domestic inquiry process, giving due consideration to the inquiry report and then deciding to terminate him/her, and getting organization's efficiency more spoiled. HOWEVER, by this process you can save the amount of gratuity due to his/her termination on account of indiscipline.
SO, IT IS YOUR DISCRETION to choose any one of these two options.
From India, Delhi
To terminate a confirmed employee there is no option except any one of the followings:
1) Pay notice period salary to get rid of the non-performing employee immediately to avoid spoiling of any more work of the organization;
OR
2) Save the notice period salary, BUT BEAR WITH paying the salary to the non-performing employee for the duration of the period till you are able to prove indiscipline/ non-performance on the part of the employee by adopting a due long process of disciplinary action against him by giving him/her notice, waiting for reply, appointing an inquiry officer to adopt a due domestic inquiry process, giving due consideration to the inquiry report and then deciding to terminate him/her, and getting organization's efficiency more spoiled. HOWEVER, by this process you can save the amount of gratuity due to his/her termination on account of indiscipline.
SO, IT IS YOUR DISCRETION to choose any one of these two options.
From India, Delhi
Dear Aarti,
Once you have terminated the services of a confirmed employee and the terms of exit as stipulated in the Appointment Letter says "one month's notice" then you are bound to pay to the employee one month's salary.
Also, the question of allowing a terminated employee to serve out the notice period is not advisable.
Best Wishes,
Vasant Nair
From India, Mumbai
Once you have terminated the services of a confirmed employee and the terms of exit as stipulated in the Appointment Letter says "one month's notice" then you are bound to pay to the employee one month's salary.
Also, the question of allowing a terminated employee to serve out the notice period is not advisable.
Best Wishes,
Vasant Nair
From India, Mumbai
And after all these the employee can go to court also and u hire a advocate for defense case may be solve after a long time and may be judgment in favor of employee so better option pay him all dues and and make settlement as mutually.
From India, New Delhi
From India, New Delhi
HI
Termination can be done without assigning reason. But you need to pay salary as per the terms of appointment, may be one month or two months depending upon the terms of contract. If you are assigning any reason for termination, you need to go through the disciplinary action process.
From India, Madras
Termination can be done without assigning reason. But you need to pay salary as per the terms of appointment, may be one month or two months depending upon the terms of contract. If you are assigning any reason for termination, you need to go through the disciplinary action process.
From India, Madras
Dear Sameer
Reason for non performance must be important and also depend on type of work and other many thing also,
In any normal condition u can not terminate an employee u can only retrenchment,... ''Non performance'' found if habitual, practice made by employee and time period of non performance all these thing important for termination , after all we should settle the case because a short period of non performance is not able to go termination.
From India, New Delhi
Reason for non performance must be important and also depend on type of work and other many thing also,
In any normal condition u can not terminate an employee u can only retrenchment,... ''Non performance'' found if habitual, practice made by employee and time period of non performance all these thing important for termination , after all we should settle the case because a short period of non performance is not able to go termination.
From India, New Delhi
Without misconduct u can termination only in case loss of confidence etc.
either u can make mutual consent with employee, in this case u must pay him notice ( as applicable three month or one month depend on manpower strength of organization) and compensation 15 days for e
From India, New Delhi
either u can make mutual consent with employee, in this case u must pay him notice ( as applicable three month or one month depend on manpower strength of organization) and compensation 15 days for e
From India, New Delhi
Hi :
I am in the process of terminating services of an employee who is currently on probation period. She is a female employee and is on the family way. I would like to handle this matter sensitively. She was regularly informed about improving performance but there has been no marked change. Please suggest if there are any legal implications if we terminate her and also some tips to handle this matter appropriately without causing much of distress to the concerned employee.
From India, Pune
I am in the process of terminating services of an employee who is currently on probation period. She is a female employee and is on the family way. I would like to handle this matter sensitively. She was regularly informed about improving performance but there has been no marked change. Please suggest if there are any legal implications if we terminate her and also some tips to handle this matter appropriately without causing much of distress to the concerned employee.
From India, Pune
Hi Aarti,
Mr. Atul said correct, it doesn't matter, whether you mention termination clause in the letter of appointment? Every establishment is supposed to follow certain procedures in case of termination, if your establishment is covered under Shops&Establishment Act, then go through the Act for termination procedures. Similarly if it is under factories Act, then you may follow the same procedure laid down in the Act.
However, for any reason every employee should be given an opportunity to give explanation or enough time to prove his performance in writing.
In the aforesaid case, you are supposed to pay him notice / salary for 30 days. Other wise, you may have to face legal implications.
You may be hurry to hire but be careful to fire....
--
vishwanath
From India, Hyderabad
Mr. Atul said correct, it doesn't matter, whether you mention termination clause in the letter of appointment? Every establishment is supposed to follow certain procedures in case of termination, if your establishment is covered under Shops&Establishment Act, then go through the Act for termination procedures. Similarly if it is under factories Act, then you may follow the same procedure laid down in the Act.
However, for any reason every employee should be given an opportunity to give explanation or enough time to prove his performance in writing.
In the aforesaid case, you are supposed to pay him notice / salary for 30 days. Other wise, you may have to face legal implications.
You may be hurry to hire but be careful to fire....
--
vishwanath
From India, Hyderabad
Hi
Well the termination depends on the level of the employee. Here i mean is, performance appraisal. You should have apprasied him of his performance in the previous reports. Also, you have to counsel him and should in turn warn him for his lackadaisical approaches. If he is still underperformer,then keep him in the firing arc and terminate his services. Keep him informed that he is under scanner and will be terminated if underperformed. One month Salary is not required.
Regards.
Shankar
From India, Visakhapatnam
Well the termination depends on the level of the employee. Here i mean is, performance appraisal. You should have apprasied him of his performance in the previous reports. Also, you have to counsel him and should in turn warn him for his lackadaisical approaches. If he is still underperformer,then keep him in the firing arc and terminate his services. Keep him informed that he is under scanner and will be terminated if underperformed. One month Salary is not required.
Regards.
Shankar
From India, Visakhapatnam
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Termination-emp loyment_563.pdf
PF query.doc