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Riteshmaity
Labour Law Advocate
Rdsyadav
Educator, Management Consultant & Trainer
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Can Employer serve a months notice to an employee as mentioned or not mentioned in appointment letter?
2nd January 2017 From India, Mumbai
An employee can put his resignation by serving one month's notice period or pay in lieu thereof if no particular period of notice period is mentioned in the letter of appointment.
However, an employer cannot terminate the service of the person by simply giving notice period or salary thereof. Before terminating a service, many factors need to be considered like -
1. Nature of the employee - weather workman or not.
2. Nature of company and strength of worker.
3. Tenure of employment.
4. Reason of such termination
2nd January 2017 From India, Kolkata
Delhi Shop and Establishment Act states that when an employee has served for 3 months, he has to be given one month notice. Other state acts may be checked for such provision. Col.Rathi
2nd January 2017 From India, Delhi
Dear Sir,
Termination as a punishment like a sentence; a sentence causing economic death of any employee and that hits to many others along with him are all family dependent members also . Therefore, taking plea of labor jurisprudence on and forward and same being a social obligation, major cases of termination even all cases where principles of natural justice were observed, offences concluded in inquiry proceedings , were turned down by Labour Courts.There is no doubt, any straight action of termination atleast in cases of workman is liable to be set aside if punishment got inflicted in terms of notice pay.
In non-workman cases, remedy is available in Civil court, having right jurisdiction. Its time consuming process and there are various courts till you reach for appropriate legally claimable relief against wrongful dismissal.
Regds,
2nd January 2017 From India, Delhi
Generally service conditions contained in the Offer and Apptt. letter issued to an employee are the governing principles for deliberating any issue when dispute arises. Law require there shall be proper terms & conditions exists between parties as required under the Contract Act. When such terms are not present naturally disputes are referred to judicial review. It is quite natural the aggrieved party seeks the interventions of labour courts/Tribunals/HC/SC. Therefore to ensure natural justice is met in the matter of termination one has to examine what the terms & conditions says about the notice and how to proceed when notice is complied with. In any case a notice of terminations is necessary. How much depends on case to case basis. A minimum of one month prior notice or notice pay in lieu of adv.notice is required when suitable compensation is also accompanied. If there is no compensation package it is sure the case will knock the doors of justice. Please see attached analysis for further info.
10th February 2017 From India, Bangalore

Attached Files
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File Type: pdf Termination-Judicial Stand-A detailed analysis.pdf (109.4 KB, 83 views)

Can employer terminate a group of employees on immediate basis without pay who doesnot perform continuously for 2-3 months though has been communicated that its target based job, does not follow offer letter norms,come late regularly, take unplanned leave, do personal activity during office time, spoil office atmosphere by gossiping using whats app and personal call, plan trip on weekday without company consent and go on leave without even informing employer which lead to close office for that particular day, which hamper company business and no show to all clients for one day, if employer get the proof or one of the member confess about this planing also cctv footage to prove these activity.
16th April 2019
Hi,
An employee has to put resignation for sure as per company policy,based on that further discussion can be done ,as to there can be multiple topic ahead for resignation and can deal with it keep company policies in mind.
20th April 2019 From India, Kalyan
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