A company can terminate the service of an employee for misconduct which may include chatting during office hours with an outsider. However, while terminating for misconduct, the company has to issue charge sheet, conduct enquiry and only on the basis of report of the enquiry officer the company can terminate the employee. If the company does not follow the procedure, then the entire termination becomes bad in law. For you condition, your termination is bad in law and you are still under employment if you wish to challenge such termination.
Depending on your salary and tenure of service, you are also entitled to other benefits including statutory benefits, if you accept the illegal termination. Please consult a labour lawyer with all your documents for better result.
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From India, Kolkata
First of all you provide Termination letter and also takes receiving from him. If she/he refused to take this letter you must provide by Reg. Letter. After received / Reg. Letter you must provide final payment with full termination benefit with in 7 working days. He/ She also having right to give release letter.
From Bangladesh, Dhaka
Moorthy JayashankarDear all, Exit and settlement process only based on the causes or grounds for the termination.
From India, Ariyalur
Iam working as a Administraction Manager and our company ever listed under PF & ESIC, now its time to act and get benifited under Camp scheme & PMRPY schemes. we have wages and salary category.
Now please help on the benefits details to be given for Employees, like Leaves, and OT Calculations etc with circular if any one having.
From India, Thrissur
firstname.lastname@example.orgIf employer terminate the any labour to his poor performance, what payment due to employer side for labour
From India, Delhi
I was working in a Pvt. Ltd Co. In N.Delhi. Due to some urgency, I took a leave but I called the Founder n Co-Founder of the Co. and when I rejoined the Co. I found a mail saying that this is a warning letter as you took a leave without giving any information to the Co or management and this cause a loss to the organisation. They also use to give salaries in two instalment. After few days they mail me a Termination letter And now they are demanding for their properties and m saying to do full n final first. Now they have started threatening me on mails by saying that they will take a legal action against me.
Financially m not that strong to fight with them.
So please guide me what I should do for my right wages.
From India, New Delhi
email@example.comDear prince if company give you termination letter, your right to take your salary, one month notice salary, leave encashment and bonus if you are under rule, and co. Is not threat to you, you can complaint the labour office against your co.
From India, Delhi
arunvohra06My friend hired as an assistant manager in bank and bank provide 9 months classroom training in Bangalore and provide diploma certificate against training and for that bank alloted educational loan of Rs.3lakhs and converted into Monthly EMI it's started after joining respective branch after completion of course and 4 years bond and bond amount was Rs.1,80,000 against signed by contract and agreement.
If some leave the job before completion of 4 years they have to pay bond amount Rs. 180000. In between of 2nd or 3rd year my friend had been terminated from job due to poor performance.
Now my friend paid all dues and also bond amount but bank denies to give reliving letter and bank told you were terminated from job so that we can't give you and letter or reliving letter.
1. If some pays loan amount against course so why bank imposed bond on it. And course was no unique it's similar as MBA diploma no such training provide in which bank property used not even any confidential information.
So why bond amount is need to pay.
2. Now bank not giving and reliving letter and experience letter what should I do now.
Kindly help me out above mentioned 2 points.
From India, New Delhi
dev-dev1CAN A DISMISSED EMPLOYEE RECEIVE GRATUITY?
From India, Kotagiri
KK!HRWhether gratuity is paid or not would depend on the nature of the misconduct and its gravity. Serious offences like assault, intimidation, abusive behaviour, sabotage, theft, dishonesty, falsification of accounts, etc can result in partial or full forfeiture, but misconducts like absence or insubordination may not result in any forfeiture. An important thing to note is that before gratuity is forfeited, a show cause notice has to be issued Otherwise the action will be bad.
Section 4 (6) of the PG Act 1972 states that the gratuity payable to an employee may be wholly or partially forfeited
(i) if the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or
(ii) if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment.
From India, Mumbai