Dear all senior
Please define these terms
1.Termination
2.Suspend
3.Dismissal
4.Superannuation
What are the conditions apply on these terms, any salary,time boundaries with
These please please enlightened me with examples
Thanks in advance
Regards
Kamal
From India, Surat
Please define these terms
1.Termination
2.Suspend
3.Dismissal
4.Superannuation
What are the conditions apply on these terms, any salary,time boundaries with
These please please enlightened me with examples
Thanks in advance
Regards
Kamal
From India, Surat
In the realm of employment, termination is a generic term implying the cessation of the contract of employment or severance of employer-employee relationship.
Dismissal, discharge, retrenchment,retirement and superannuation,resignation are its species having specific connotations based on the reasons for the cessation.
Dismissal implies the termination of employment on account of proven misconduct on the part of the employee. The stigma attached to it automatically acts as a bar on the right to various terminal benefits and even future employment and his employability is at stake.
Discharge simply means the cessation of the contract of employment as per the mutually agreed terms therein. The discharge of a fixed-term employee on the completion of the tenure or as a result of the non-renewal of the contract, discharge of a probationer on completion of the probation period due to unsatisfactory performance are examples of discharge which would indicate the occasional or temporary nature of the employment. Similarly, a workman can be discharged from service for his continued ill-health. There is yet another type of discharge termed as " discharge simpliciter " which implies the operation of the contract of employment till it is terminated as per the terms of the appointment order which forms part of the contract of employment. If simply explained for the sake of clarity, discharge simpliciter is the unilateral termination of employment by the employer discharging the employee from service by giving notice or paying wages in lieu thereof as required under the terms of contract. It is neither punitive nor has any adverse consequences affecting the service benefits. Since the right to discharge an employee even under the terms of contract of employment is not absolute in the face of Article 14 of the Constitution, the Judiciary can interfere and set aside such order of discharge where it finds the same to be malafide.
Retrenchment, as per the Industrial Disputes Act,1947, is the termination of service by the employer for any reason other than dismissal, retirement, discharge or continued ill-health.In addition to usually applicable terminal benefits, retrenchment compensation is also payable by the employer.
Retirement and superannuation are more or less similar but not the same. Retiring from employment on attaining the maximum age stipulated in the contract of employment or service rules is superannuation whereas opting to quit employment on the employee's own volition before such age after putting in the qualifying service is voluntary retirement; if it is resorted to by the employer unilaterally before the age of superannuation after certain age of the employee as stipulated in the service rules it is called " compulsory retirement".No adverse effect on terminal benefits.
Resignation is the unilateral termination of employment by the employee on his own accord subject to notice and/or approval.
.
From India, Salem
6016Dismissal, discharge, retrenchment,retirement and superannuation,resignation are its species having specific connotations based on the reasons for the cessation.
Dismissal implies the termination of employment on account of proven misconduct on the part of the employee. The stigma attached to it automatically acts as a bar on the right to various terminal benefits and even future employment and his employability is at stake.
Discharge simply means the cessation of the contract of employment as per the mutually agreed terms therein. The discharge of a fixed-term employee on the completion of the tenure or as a result of the non-renewal of the contract, discharge of a probationer on completion of the probation period due to unsatisfactory performance are examples of discharge which would indicate the occasional or temporary nature of the employment. Similarly, a workman can be discharged from service for his continued ill-health. There is yet another type of discharge termed as " discharge simpliciter " which implies the operation of the contract of employment till it is terminated as per the terms of the appointment order which forms part of the contract of employment. If simply explained for the sake of clarity, discharge simpliciter is the unilateral termination of employment by the employer discharging the employee from service by giving notice or paying wages in lieu thereof as required under the terms of contract. It is neither punitive nor has any adverse consequences affecting the service benefits. Since the right to discharge an employee even under the terms of contract of employment is not absolute in the face of Article 14 of the Constitution, the Judiciary can interfere and set aside such order of discharge where it finds the same to be malafide.
Retrenchment, as per the Industrial Disputes Act,1947, is the termination of service by the employer for any reason other than dismissal, retirement, discharge or continued ill-health.In addition to usually applicable terminal benefits, retrenchment compensation is also payable by the employer.
Retirement and superannuation are more or less similar but not the same. Retiring from employment on attaining the maximum age stipulated in the contract of employment or service rules is superannuation whereas opting to quit employment on the employee's own volition before such age after putting in the qualifying service is voluntary retirement; if it is resorted to by the employer unilaterally before the age of superannuation after certain age of the employee as stipulated in the service rules it is called " compulsory retirement".No adverse effect on terminal benefits.
Resignation is the unilateral termination of employment by the employee on his own accord subject to notice and/or approval.
.
From India, Salem
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