I work in Private Sector Company and wanted to know in what condition company can restricate me? I just want to know the legally company can fire me out?
1st May 2019 From India, Kolkata
Dear friend,
I could not find the meaning of the term " restricate" used in your query.
Whether it is private sector or public sector, the power of the employer to fire an employee is inherent with his power to hire him. But it is restricted by the terms of the contract of employment as well as the provisions of the Laws applicable to the employee.
If the post held by the employee is other than the cadre of workman as defined under the Industrial Disputes Act,1947, the employer can terminate his services by following the unilateral termination clause provided in the contract of employment. However, there should be some reasonable cause for such a drastic action by the employer; otherwise such a clause would not escape judicial scrutiny as it would be opposed to public policy u/s 23 of the Indian Contract Act,1872.
2nd May 2019 From India, Salem
"Lighthouse" Clarification/ Response, Respected Umakanthan Sir.
Experience by far is the Best Proof of Wisdom.
Kritarth Team
Harsh K Sharan, Bengaluru Office
2nd May 2019 From India, Delhi
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