Umakanthan53
Labour Law & Hr Consultant
Saswatabanerjee
Partner - Risk Management
+1 Other

Hi Everyone, please someone help me to know does company owe any amount to pay to the employee for the month when he has got terminated under disciplinary issues? If yes, than how I can calculate it? Pl help.
Regards
17th March 2016 From India, Delhi
Dear friend,
I think that your query otherwise means whether the employer has to pay any notice salary to the employee dismissed on disciplinary grounds. Well, Other than a special case of termination by way of discharge or dismissal attracting the provisions of Sec.33(2)(b) of the Industrial Disputes Act,1947, no such notice pay is payable to an employee dismissed for disciplinary reasons after a proper enquiry.
17th March 2016 From India, Salem
I think the question is whether the emplpyee has to be paid for the days he worked in that month, not just on notice period.
18th March 2016 From India, Mumbai
Yeah, u r right Mr Banerjee( sorry if m wrong with gender). But still would love to thank Umakanthan for adding this to my knowledge. Pl reply to my question. Thanks
18th March 2016 From India, Delhi
Yes, Saswata, that was the first thought occured to me also. But, my further contemplation slowly convinced me that payment of salary for the work done as per the contract of employment and the termination of the very contract of employment by the employer by way of dismissal of the employee on disciplinary ground are different aspects associated with the concept of employment and it would be known to Alpanahr.
18th March 2016 From India, Salem
Sir,
Let me take the liberty to assume I know what alpana was thinking
If I have terminated the job of someone who was responsible for a serious disciplinary issue, do I need to pay him for the actual working days of the month of termination.
Further, if the disciplinary issue has caused the company harm or significant loss, do I need to pay the dismissed employee for the days worked till dismissal.
I assume alpana has ensured that proper procedure has been followed, including internal inquiry, so does payment need to be made during suspension period
19th March 2016 From India, Mumbai
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