Riteshmaity
Labour Law Advocate

Dear HR Folks, I am writing to seek your guidance on employer attitude on termination of employees. I am working as an Executive - HR with automobile manufacturing and facing a lot issues on termination/suspension of employees done by employer. where employer whenever want, is terminating the managers/employees/workers etc without giving them notices on justifiable facts/grounds.

Recently a Manager has been fired by employer on some grounds without notice to improve his performance & Behavior who was serving the company more than 5 yrs and forced him to tender the resignation where HR Deptt became completely handicapped because of unethical practices followed by employer and Hr people aren't able to stop this. Because this is third time employer did. So what actions HR can take to change the attitude of employer?

What actions an employee (Manager) can take against the employer ? If all the laws are there to protect the blue collar employees then who will protect the white collar employees. More to this any single law in Indian penal system doesn't state about to protect senior people from such termination. Why ??? if any, Pls do let update

HR practitioner , pls be free from any advocacy of an employer because this can ruin someones life & future too because HR is basically to empower the people, to think about their welfare and keep protecting them such insecurity of future.
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Dear friend,

I understand the reason for you remaining anonymous. There lies the answer for your questions. Laws come to the rescue of all though workers being considered weaker party are protected by some specific labor laws. But the general law of the country is good enough to protect all. The problem lies in lengthy process with huge cost of time and energy and money to the affected individual.

The image of the individual also gets tarnished in the present day highly networked world making his hunting a job all the more difficult if he fights legally. HR today needs to take initiative to give feedback and advice within the permitted level without hesitation. if too many people leave a company, the company also loses image. May be one or two harsh individuals are responsible and they have to be exposed.

Since sacrifice as a tool is no more practiced both by individuals and unions fighting autocratic masters is getting difficult. Yet the social media and others can be used to tarnish the image of the company that practices anarchy. It is quite easy do without mentioning name of the company but by indicating it. What is to be remembered is, the job is very difficult but not impossible. Let the right minded make the beginning.
May be as a HR manager you are totally handicapped and cannot do anything but there is law especially towards the protection of employee who are 'workman' under the ID Act. There is procedure laid down and one cannot be terminated as per one's sweet will.
For any termination on grounds of misconducts, charges has to given to the employee, giving them opportunity to give reply, hold domestic enquiry and then the management can take action.
For the employees who are in managerial cadre (not by mere designation) they have unfortunately less protection under the law.
I can only advice legally upto this point...
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