Termination of Welfare Officer in a Factory
In a factory where normally 900 employees work, the management has appointed an executive as a Welfare Officer in accordance with the statutory rules and guidelines, such as qualifications, recruitment procedures, and grade/salary. Currently, the management is considering terminating the Welfare Officer's services due to business reasons. However, the Welfare Officer is unwilling to leave the organization voluntarily. If the management decides to terminate his services as per his employment conditions, would that be sufficient, or what procedure should be followed for such termination?
Thanks in advance!
From India, Jaipur
Acknowledge(0)
Amend(0)
In a factory where normally 900 employees work, the management has appointed an executive as a Welfare Officer in accordance with the statutory rules and guidelines, such as qualifications, recruitment procedures, and grade/salary. Currently, the management is considering terminating the Welfare Officer's services due to business reasons. However, the Welfare Officer is unwilling to leave the organization voluntarily. If the management decides to terminate his services as per his employment conditions, would that be sufficient, or what procedure should be followed for such termination?
Thanks in advance!
From India, Jaipur
Acknowledge(0)Amend(0)
Regarding employees above the workman cadre, the employer can unilaterally terminate the employment contract by strictly following the conditions of notice. This involves giving prior notice of the intention to terminate the services of the employee or paying notice salary in lieu of such notice as per the employment contract. However, equity would require justification for such action by the employer.
Section 49 of the Factories Act, 1948
Additionally, Section 49 of the Factories Act, 1948 mandates the appointment of Welfare Officers when the number of workers in a factory reaches 500 or more. The discharge or dismissal of Welfare Officers is governed by the State Rules under the Factories Act, 1948, with necessary appeal provisions. Therefore, negotiating with the incumbent for an amicable resolution would be advisable.
From India, Salem
Acknowledge(0)Amend(0)
6108Section 49 of the Factories Act, 1948
Additionally, Section 49 of the Factories Act, 1948 mandates the appointment of Welfare Officers when the number of workers in a factory reaches 500 or more. The discharge or dismissal of Welfare Officers is governed by the State Rules under the Factories Act, 1948, with necessary appeal provisions. Therefore, negotiating with the incumbent for an amicable resolution would be advisable.
From India, Salem
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Kami Export - Negative Covenant in Contract of Employment.pdf (1).pdf