Dinesh Divekar
Business Mentor, Consultant And Trainer
Saswatabanerjee
Partner - Risk Management

Thread Started by #SETS HR

Dear All, Can you please tell if an employee is terminated by the company on disciplinary ground and with immediate effect and the appointment letter states that if the company terminated the employee the employer has to pay one month salary or give the employee a 1 month notice period, What should be the step the employee can take in this situation.
24th May 2016 From India, Mumbai
Dear SETS HR,
Termination of the employment is the highest punishment awarded to the employee. Termination depends on the gravity of the misconduct. If the employee is terminated then where is the question of entitlement of the terminal benefits? Employee is entitled for the terminal benefits provided the separation is under normal circumstances and not abnormal circumstances like "misconduct".
Your query is on one importance sentence i.e. "appointment letter states that if the company terminated the employee the employer has to pay one month salary or give the employee a 1 month notice period". I have doubt on the inclusion of clause of this kind in the appointment letter. Please read it once again. No employer will include clause of this kind in the appointment letter.
Thanks,
Dinesh Divekar

24th May 2016 From India, Bangalore
Dear Dinesh, If needed i can scan the copy of the appointment letter for the same and also highlight the clause mentioned. Then will you be able to answer my clause.
24th May 2016 From India, Mumbai
Dear Dear SETS HR,
Are you the terminated employee? If the clauses mentioned in your appointment letter are that favourable then why not to take benefit? Please go ahead and raise all type of admissible claims.
All the best!
Dinesh Divekar
24th May 2016 From India, Bangalore
I think the provision of termination in the appointment letter refers to termination other than for misconduct. So basically it would be for non performance, market condition, etc. If the termination is on account of misconduct and is a punishment for the same, the terms of the appointment letter will not apply.
But these things are subject to many other factors that we don't know at the moment. Like whether this is a workman under ID act or a senior manager, what is the misconduct, and various other factors. Each factor has a significant impact on the final decision and the maintainablity of the same in a court. So please take the professional help of a lawyer or a senior labour consultant who can study the matter in its entirety and guide you.
25th May 2016 From India, Mumbai
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