My company has decided to terminate employees amidst the COVID-19 situation. The positions are being made redundant. One of the employees is still in probation, and the other two are permanent. What are the legal obligations that can arise for the company?
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A probationer can be terminated by discharge simpliciter without assigning any reasons during the period of his/her probation irrespective of any emergency situation like country-wide lockdown.
But a permanent employee cannot be terminated on the grounds of redundancy at any point in time, as it would amount to retrenchment. Retrenchment must be preceded by the fulfillment of certain conditions mentioned generally and/or specifically under the Industrial Disputes Act, 1947.
From India, Salem
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6108But a permanent employee cannot be terminated on the grounds of redundancy at any point in time, as it would amount to retrenchment. Retrenchment must be preceded by the fulfillment of certain conditions mentioned generally and/or specifically under the Industrial Disputes Act, 1947.
From India, Salem
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Employee Termination during covid 19.pdf
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