It is well established that although the termination clause exists in appointment letter of workmen that their service can be terminated by giving one month's notice or by paying wages in lieu thereof,in practice it can not be done .This is so because this would be hire and fire practice,which is deprecated by courts.
Can service of the managerial person be terminated without assigning any reason,based on termination by notice period clause?
16th August 2019 From India, Pune
Hi,
Whether you are from HR or you are the affected Party not clear. Termination without valid reason /notice is not ethical.
Whether Manger or employee the opponent party should be explained as to why their services are terminated. Before termination, as per principles of natural justice, sufficient opportunity should be given to employee to represent his side. However nowadays terminations have become casual as per whims and fancies of the Reporting Officer /HOD or HR at times.
Most of the time the terminated employee is not willing to defend his/her side through court as they are not in a position to spend money and time against their employer.
16th August 2019 From India, Madras
I am neither from HR nor the affected party. I am practicing Advocate and I am contesting a couple of cases in civil court.T he feedback from HR are may be helpful.
The position in respect of state instrumentalities is clear, but the position in respect of private sector companies is shady.
Regards.
19th August 2019 From India, Pune
For senior employees there no specific law to defend themselves.They only can go court under civil rights on the basis of terms agreed in the appointment letter.Brcadue they do not within the purview of "Workman,"as defined in the the ID Act1947.
But it's unethical to deny the opportunities under the principle of natural Justice.
22nd August 2019 From India, undefined
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