What is the End of Service in India as per law.
Also,what is the termination (Rendundancy/Resignation/Performance) as per the Indian labour law
What is the law of notice period during ending a contract.
Also,what is the termination (Rendundancy/Resignation/Performance) as per the Indian labour law
What is the law of notice period during ending a contract.
The very loosely framed above query comprising of further sub-questions compels one to indulge in inference only about the answers expected by the poster. What he actually wants know are probably the different types of termination of the contract of employment as per the laws relating to employment in India and the clauses of notice of termination of employment.
As is elsewhere, in India also termination of the contract of employment is of two types i.e., unilateral and automatic. When an employee escapes the ambit of the definition of the term "workman" or "person employed" by virtue of his employment capacity such unilateral or automatic termination is strictly governed by the terms of the contract of employment either express or implied or both.
Unilateral termination by the employer based on redundency or surplusage of labour or legal closure of the establishment is called retrenchment and it is covered by the provisions of the Industrial Disputes Act,1947. Another type of termination by employer based on performance is discharge simpliciter as per the service regulations.Yet another one is dismissal for misconducts enumerated in the Standing Orders of the establishment certified under the Industrial Employment (Standing Orders) Act,1946 or applicable service regulations as the case be. Dismissal of an employee on the ground of misconduct is also governed by the provisions of section 33 of the Industrial Disputes Act,1947 under certain specific circumstances. One more type of unilateral termination of the contract of employment is discharge of an employee on the ground of his continued ill-health which incapacitates him from discharging his normal duties.
Unilateral termination by employee is generally called resignation which is in turn governed by notice and acceptance by the employer as per the terms of the contract of employment existing and/or applicable on the date of resignation.
Automatic termination of the contract of employment can be of two types - one is retirement of the employee on attaining the age of superannuation fixed and the other is on the expiry of the period of contract of employment as agreed between the employer and the employee.
No separate Law governing notice period obligations other than the contract of employment. Any case, termination would come into effect only on the fulfilment of the notice conditions by the proposer.
From India, Salem
6016As is elsewhere, in India also termination of the contract of employment is of two types i.e., unilateral and automatic. When an employee escapes the ambit of the definition of the term "workman" or "person employed" by virtue of his employment capacity such unilateral or automatic termination is strictly governed by the terms of the contract of employment either express or implied or both.
Unilateral termination by the employer based on redundency or surplusage of labour or legal closure of the establishment is called retrenchment and it is covered by the provisions of the Industrial Disputes Act,1947. Another type of termination by employer based on performance is discharge simpliciter as per the service regulations.Yet another one is dismissal for misconducts enumerated in the Standing Orders of the establishment certified under the Industrial Employment (Standing Orders) Act,1946 or applicable service regulations as the case be. Dismissal of an employee on the ground of misconduct is also governed by the provisions of section 33 of the Industrial Disputes Act,1947 under certain specific circumstances. One more type of unilateral termination of the contract of employment is discharge of an employee on the ground of his continued ill-health which incapacitates him from discharging his normal duties.
Unilateral termination by employee is generally called resignation which is in turn governed by notice and acceptance by the employer as per the terms of the contract of employment existing and/or applicable on the date of resignation.
Automatic termination of the contract of employment can be of two types - one is retirement of the employee on attaining the age of superannuation fixed and the other is on the expiry of the period of contract of employment as agreed between the employer and the employee.
No separate Law governing notice period obligations other than the contract of employment. Any case, termination would come into effect only on the fulfilment of the notice conditions by the proposer.
From India, Salem
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