Saswatabanerjee
Partner - Risk Management
9871103011
Private Consultant On Labour Laws
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Dear Colleagues, can an employer decides to terminate staff contract because the staff is unable to submit his qualification credential within the timeline he agreed? Thanks
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Yes he can, but follow principle of natural justice. Law actually prescribes giving reasonable time and proper chance to be heard. Document your hearing and get his signature on replies.
Yes
Submission of qualification is a basic requirement of employment
If a person is asked to join assuming on good faith that he is qualified and required to submit the credentials, failure to do so certainly makes the contract of employment null and void.
Ofcourse, giving him a notice and allowing him to present his side of the story is always a good idea. A record of,the same helps in case of legal challenge.
Sir, Kindly go through the written communication. Give them advisory letter related to submit documents & mention importance of documents in it. if they will not submit, issue warning letter for the same. from the employer side do proper communication in written and if they do not submit you can take actions.
It was probably the generosity of the employer that he had allowed the staff to join without insisting for production of qualification certificates at the time of his joining.The employee shouldn't have taken undue advantage of his simplicity. If t employees has assured to produce the certificate with in a time frame, he should have andhered to the same. If there was any problem in sticking to the time frame, he (employee) should have approach the employer and should have explained his difficulties in producing the same within a time frame.
If the employee has now produce the qualification credentials without sticking to the time frame, he can express his regrets to the employer and resolve the matter with him.
If the employee has still not produce the certificate, he is liable for action but certainly he need to explain his conduct prior to his termination. The employer may or may not agree to his submissions.
BS Kalsi,
Member Since August, 2011
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