Hi, Iam from a large proprietorship company in Delhi.
Recently some employees are hired in our company across various functions.
As per co policy, offer letter is given only after joining. The offer letter carries standard terms of termination for all levels/function. It says, co. can terminate any employee any time without assigning any reason with one months salary/notice whereas if the employee wants to leave he/she will have to pay last 5 months salary.
We want to terminate contract of couple of employees (middle-senior management) as they are not able to perform as well as not able to adjust culturally. These employees are nearly 3 months old and despite some reminders, they are not able to show improvement.
We want to terminate the contract without paying one month salary/notice as we have given them verbal indirect indication on few occasion.
If we terminate contract of these employees without notice, can they go to labor court and challenge termination? what consequence we will have to face as an company?
some employee raised an objection over the working hours, is minimum 9 hrs/day and 54 hrs/week a kind of violation of shops & establishment act?
Please advise as how should we handle the situation. we have to act fast so I will really appreciate your quick response.
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