Rajesh Gowda
Dear Team,
We have issued a warning letter to one of our associate on 27th April 2017 due to inappropriate behavior, Later one week we have received request from client to terminate him due to there is no improvement in behavior, By the time they have confirmed that 18th April was his LWD in organization and he never turn back to work post from that day.
Since it was termination case they confirmed us to process the 15 days salary as compensation as per appointment letter. Now he register a complaint in labor court and we have received notice from them. My question is letter which we issued is legally permitted or okay & after giving compensation also do we need to give any pending to him?
Regards,
Rajesh T R

From Australia,
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Saswatabanerjee
Partner - Risk Management
Sunielmudgil
Legal And Compliance Consultant
Rajesh Gowda
Hr Operations Executive

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sunielmudgil
22

pls provide termination date and mode to enable anybody to answer your query. for further info you can call mail me

vengat1957
1

Dear All,
In your letter you have not clearly mentioned the reason for terminating the employees. How long he was in the Service, Whether he is a Permanent employee or not. What is the gravity of Misconduct which leads to this. Article 14 says no men shouldn't be condemned or unheard. Equal opportunity have to be provided to the employee to explain his stand.
Any action initiated by HR must follow the Procedure like Show cause Notice, Departmental Enquiry etc.
If proper opportunity is not given to ventilate his grievance he will approach the same with appropriate forum and the management has to pay the amount awarded by the law enforcing authorities.
A Venkattaraman
7299995838

From India, Mumbai
saswatabanerjee
2356

You have an employee was given a warning for bad behaviour. Further it turns out that he has not reported to work since mid of April 2017. That amounts to abandonment of employment or unauthorised absence from duty. Both of these are misconduct. You can therefore, hold a departmental enquiry against the employee and on the above grounds terminated without notice. If the information you have given us is true and complete, the employee will not really have any grounds for complaint against you . Make sure that the enquiry is done in the manner provided by and opportunity given to the employee to explain his position
From India, Mumbai

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