Dear All Greetings!!!!!!!!!!!!! I am working in a manufacturing unit in Himachal Pradesh, I want to know the process of termination of a confirmed employee. Regards Puneet Sharma
From India, Mumbai
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Hi Puneet You have to give one month s notice or 1 month salary on termination of the confrmed employee. Regards Upasana
From India, Delhi
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Hi Punnet Please refer to Industrial Dispute Act 1947, if your company has more than 50 workers/staff. Smita
From India, Pune
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I have the following queries related to termination:

1. Our organization is a distribution company (semiconductor components). Do we come under the ID Act?
2. Bangalore is the headquarters in India.
3. Recently, we terminated an associate whose behavior was not correct, and he was cheating the company on conveyance allowance. The management decided to terminate him. On his last working day (LWD), a manager spoke to him and asked him to hand over the company assets to the office assistant. However, he did not do so and carried the notebook along with him. Now, he is asking for his salary and conveyance allowance, which we have agreed to. He is willing to return the assets once the due amount is credited to his account.

Please let me know the necessary actions to take in this situation.

Thank you.

From India, Delhi
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The Industrial Disputes Act applies to your company because it is considered an industry based on the Bangalore Water Supply's case, which defines it as "any systematic activity carried out with the cooperation of persons for the satisfaction of human wants."

Disciplinary Procedure Before Termination

Before terminating an employee for misconduct, you must follow the disciplinary procedure, which involves issuing a charge sheet, conducting an inquiry, and if the misconduct is proven, then proceeding with termination as a form of punishment. If an employee feels unlawfully terminated, they may file a case in the labor court and request reinstatement. It is essential to be cautious in communication, both oral and written, to prevent any unfavorable rulings against the company.

Thank you.

From India, Pune
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