Umakanthan53
Labour Law & Hr Consultant
+1 Other

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Dear All, We are a small manufacturing unit based in bangalore. I would like to know few point regarding the termination process.

1) There is an employee who is working with us, Who has a very bad attitude with his subordinates to which we have been informed him many times verbally for his attitude issue but still he has not changed towards his attitude. And also shows negligence at work like not attending the company's meeting when ever informed. He has been working with us just from past 2 months and the probation period is for six months.

2) And also during his probation he is been taking continuous leaves for more than 4 days a month without anyone's approval. Where he is allowed to take only 1 day a month till his probation.

3) Not performing well in his work as well.

So we have come to a conclusion to terminate him. So my question is do we have to intimate him on a prior basis about his termination. ?

Do we have to pay him 60 days salary after termination. And also i want know will it be any issue if we terminate him during this covid 19 crises.

What is the minimum duration time employer has to release the employees last working salary if he is terminated?

Could anyone suggest me the best way to deal with.

Thanks

From India, Bengaluru
Since the employee is a probationer and still more than three months of probation is to go, you can simply discharge him during the period of probation itself as his performance is not satisfactory. Just follow the notice procedure, if any, mentioned in his appointment orders. However do that only after the lifting up of the lock down by the Government. Pay all his dues with the termination order.
From India, Salem
Dear Umakanthan sir,
I have a specific question regarding retrenchment. According to IDA 25 F, there is mention of 1yr of service with at least 240 days of service to be served for Retrenchment benefits.
Is there any guidelines for employees employed for less than 50 days or between 50 to 100 days with the organisation, where notice period is of 6 months.
Looking forward for your reply.
Thanks & Regards
Deepti Verma

From India, Delhi
Dear Deeptiverma,
Sorry, your question is not clear to me as it relates to employees with 6 months' notice period. So far as what I am able to understand is that you want to terminate the services of employees who have just served for a total period comprising of a maximum of 100 days and less in the industrial establishment. The conditions for retrenchment benefits mentioned u/s 25-F are cumulative. When they do not complete 240 days of service in the establishment, they are not entitled to the benefits of notice and compensation never the less their termination of employment tantamounts to retrenchment as defined u/s 2(oo) of the IDA,1947. But, in my opinion, the notice clause of unilateral termination of the contract of employment would still be applicable.

From India, Salem
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