Employer terminating employee during notice period without any notice for misconduct? - CiteHR
Umakanthan53
Labour Law & Hr Consultant
Madhu.T.K
Industrial Relations And Labour Laws
Anjumani
Hr Executive

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Can someone tell me if an employee is in notice period already can the employer terminate that employee without any notice for misconduct? And can the employee report the same in labour court?
A termination causing stigma can be challenged before the appropriate forum. But if the employee has done any misconduct, it proper that he can be terminated from service without considering that he is on notice period and he will be leaving the organisation in due course. Only thing is that the termination should be proper, ie, after following the procedures, like issuing charge sheets, conducting enquiry etc.
In the case of a probationer, termination without notice and without assigning any reason for termination will be proper,provided the contract of employment provides for such termination during probation period. In such cases also,the letter intimating the employee that he has been terminated, should not contain any reason for termination which would cause stigma to the employee.

Dear Anjumani,
I think that your narration needs a bit more factual elaboration. The statement " the employee is under notice period " means that already he has submitted his resignation as per the contract of employment. The question " can the employer terminate that employee without any notice for misconduct? ", if read together with the above statement gives rise to the doubt whether employee submitted his resignation so as to avoid the disciplinary action on the alleged misconduct and the question whether the resignation was formally accepted by the employer before issuing the orders of termination. In any case, as rightly observed by Mr.Madhu, termination of the service of the employee on disciplinary ground without conducting a formal disciplinary proceeding would be neither fair nor withstand any judicial scrutiny.
If the employees happens to be a " workman " as defined u/s 2(s) of the ID Act,1947, he can raise a dispute immediately u/s 2-A(1) of the Act before the Conciliation Officer for the area.
In any other case, he can institute a Civil Suit against the employer for breach of the contract of employment and claim damages.

Dear colleagues,
Please see the relationship of master and servant or words "employee" and "Employer " should be taken in full existence until last day of the workman in the employment. Imagine a situation, workman was not doing his assigned job properly to the satisfaction of his employer and in the meantime, workman has submitted voluntarily his resignation. Workman committed theft and then employer suppose terminates his services . Since domestic enquiry was not held, action of termination is without following principles of natural justice as we know, dismissal will be wrong decision.
So, until the last day of service, employer and employee relationship shall remain in existence under the legal frames as would be in ordinary course.
Regards,
RDS Yadav
Director,
Future Instt. of Management and Technolgy
and
Labour Law Adviser
NAVTARANG HR SERVICES
M-08439811539/9634532026

Any termination without notice or without valid ground is "Illegal", the employee is free to challenge such termination in labour office.
Further, please post the detailed outline of case,whenever you are posting anything to have a sollution from senior mebers. The mebers would be in a position to guide you on basis of the facts remain in you posting.

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