Few companies / mncs in India still exist who infact pay the gratuity along with notice period amount incase they need to close the contract or in short terminate the employee due to reasons like no project with company for which employee is not responsible.
Incase company gives such short notice then HR has to give in writing the reason for your immediate release. This is followed in almost all companies.
If an employee has to be terminated there should be a reason behind, and proper domestic enquiry is conducted wherein if the employee is found guilty for the gross misconduct the employer can terminate the service with immediate effect. Apart from that whatever reason you have mentioned is not appropriate for termination. You can challenge such termination in the court of law, but will it be worthwhile to do so has to be seen.
While an employer fires an employee without any proper reason, (If reason is provided, as the same has to be shown to the employee) is this right.
Can any employer, without proper reason in written can fire an employee; if done so.....
If an employer fire an employee with immediate effect, can the employee can sue a case against the employer to pay the compensation of 6 months salary from the date of sacking, as the employee (with this family) has to live in this society for searching of job.
Please suggest any case or and to file a case what are the acts to be used by an employee against an employer.
NO employer cannot terminate the service of any employees alleging asking hike in salary or giving straight forward answer to employer cause it is not amount to misconduct.
before termination employer have to complying the principle of natural justice and the termination letter must contain the valid cause.
illegal termination is subjected to dispute u/s 2A of ID act. 1947 if the same is challenged by concern employees.
however employees can only proposed the Hike in salary cannot force the employer to hike the proposal may be accept or rejected depends on employer discretion. if Hike in salary is accepted then employer has to comply in accordance with the provision of sec 9A of ID act. 1947 as it is chance in service condition.
as held in Union of India V. Madhusudan Prasad’ – 2003 (10) TMI 626 - SUPREME COURT OF INDIA, the Supreme Court found that the employee, who was found guilty in an inquiry, was not furnished the inquiry report. No show cause notice was served in him. In view of the facts and circumstances the Court directed appropriate order should be passed regarding the back wages. The appellate authority directed reinstatement and held that he was not entitled to get back wages for the period he was out of service. The Supreme Court held that there was fault on the part of the employer in not following the principles of Natural Justice. These factors were considered and the lowers courts ordered for basic wages. The Supreme Court found no merit in the appeal and dismissed the same.
Thanks & Regards
HR & Labour, Corporate Laws Advisor
Whether Employee falls under definition of Employee under Section 2(S) of ID Act
Whether the Service is governed by Appointment Letter or Contract/Service Agreement
Standing Orders is applicable or Service Rules to the Employee