Terminating Under-aged Employee - CiteHR
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An employee is been terminated from the services just after 4 days of his Joining to the company.Reason being the employee is under aged (17years).
Problem is the Employee's parent is asking for 4 days salary , should it be paid or not?????
Thanks & Regards,
Chandrika

Hi Ms. Chandrika As you employed the candidate & you have terminated the employee. So it is your obligation to pay the wages
Dear Chandrika,

Your query is irksome. Let me believe that this has happened in your company.

Why at all you should employ somebody who is under-aged? The instance goes on to show that you need to refurbish your recruitment process. Without proper document check who employed that person? What action will you take against recruiter for this goof up?

The second issue is whether you should pay that person. If you take work from anyone, then why that person is not eligible for the remuneration? Why you would like to rob that person of his rightful dues?

In all its probability, let me believe that the case is of some office boy or some helper. These persons are voiceless. Hence your company has audacity of withholding the wages. Had it been some international on even national level consultant, he would have arm twisted you in giving him advance and your company would have more than obliged. And this is the difference between rich and poor is!

Dinesh V Divekar

An employee is been terminated from the services just after 4 days of his Joining to the company.Reason being the employee is under aged (17years).

Problem is the Employee's parent is asking for 4 days salary , should it be paid or not?????

Thanks & Regards,

Chandrika[/QUOTE]

Hi,
Why do you worry for this simple matter. Just pay the parent the 4 days' wages under some petty a/c (consult your accounts section) and close the subject after all they would only need money nothing more.

Dear Ms.Chandrika,

It is the duty of the employer to verify the minimum essential qualifications of age, education, experience etc., of a prospective candidate at the recruitment stage itself before his appointment. Well, inadvertence somewhere in the process caused this blunder but you noticed it later and set it right by terminating him.Since there is no mention about the type of your establishment or the nature of the individual's job or the suppression of the fact of actual age is attributable on the part of the candidate, no comments about the legality of the appointment. Anyway, it may be a violation of the rules of recruitment of the company and if not corrected, the appointing authority would be in trouble and hence the termination after 4 days of work, okay? As a boy of 17 years of age, he is an adolescent and as such eligible for industrial employment if not specifically barred by any special law applicable to your establishment.Illegal appointment, though cannot be continued, would not result in deprivation of wages for the period of service rendered.So, pay the wages for the 4 days of work as permitted by your A/C norms as suggested by Mr.Kumar.S.

No questions on non-payment.
Why should someone else suffer for the company's mistakes ??
Why should someone be denied wages for work ??
In my opinion; apart from just outstanding wages, the person deserves some additional compensation too, for not making it an embarrassing issue for the company.
Warm regards.

Hello Chandrika,
As others have mentioned, it is the duty of employer to pay the employee for the number of days he has worked. The reason for termination can be any, but he cannot be deprived of the compensation for which he/she has worked.
It is not clear if the employee has intentionally hidden his actual age by producing false certificates or not. If not, then, this was the case of negligence from employer's side which was later rectified. Hence, the person must be paid for sure.
Regards,
Praveen.

Hi,
As person has worked for your organisation for how many number of days he should be given his remuneration.
I have a question here is that while recruiting didn't you not check the age for the employee or did he provide you with wrong information?

Madam:
If you have made the person work, it is only fair to pay for the work as already pointed out by other members on the thread.
Probably your apprehension is that how can I pay legally for an illegal employment...
Well, under Shops and Establishments Acts of respective states and under Indian Factories Act, it is perfectly legal to employ someone who has completed 14 years of age. Such person is called young person (against adult) and is subjected to lesser working hours, easier work norms etc. You may like to read relevant provisions to have a better perspective.
Employment under 14years is banned as it constitutes to be child labour.
Thus to conclude, you are not illegal in employing this 17 year old. But its always better to hire an adult who can sign his own contract of employment and even better to be attentive while making any hiring decisions!
Cheers

Dear Chandrika,
Did get this resolved ? What did you hire the talent for ? Long time back, I worked for a very small firm where an High School student was hired as a part-time employee. This boy had lost his father , hence the owner to the firm decided to support the family by employing him for few hours and training him in skills that would earn him more.
The payment was made through vouchers . I didn't have the access to the actual finance documents, but I guess it was shown under the sundry expenses/petty cash.
Looking forward to hear from you.


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