Dear Colleague, An appointment letter issued to the employee without any clause of service termination, in this case, what will be the procedure to issue him a service termination notice for one month. Please advice.
From India, Raipur
KK!HR
1150

First issue the Rule providing for termination with notice period and circulate it among all employees and thereafter take action. In case you have a resignation clause containing the required period of notice in the appointment, use the same for termination simpliciter.
From India, Mumbai
Dear Rakesh
Check if the applicability of standing order in your industry, as no termination clause is mentioned in employment contract you have to abide the terms & condition mentioned in standing order if applicable.

From India, New Delhi
rkn61
464

Appointment letter, without any clause of separation, is incomplete one. Any employment contract shall have and must have a clause of separation -( mentioning end of service, by termination or resignation)
Please issue an addendum (giving reference no of Appointment letter) to all such employees who were issued Appointment letter, mentioning the clause of separation ( resignation or termination) and get it acknowledged by them on the copy of the same and keep it in file.
As regards to your query, you can regularise the issue by following the rules and procedure, as per certified Standing Orders of the company.

From India, Aizawl
Dear Rakesh,
I think that your present question relates to terminating the employee now and not about making amends to the appointment letter or service conditions in this regard.
In such a situation, if the employee is a workman having completed 240 dats of service in the establishment, the proposed termination would be retrenchment u/s 2(oo) of the ID Act,1947 and therefore, you can follow the procedure mentioned in sec.25-F of the Act.

From India, Salem
Dear Rakesh,
The termination with notice (1 to 3 month)can be done with cessation of post/position, but does not know how it suits to your establishment at present condition.
You need to change all those appointment letters do not have clause of separation to avoid problem on future date.

From India, Mumbai
Dear Rakesh,
If the employee is covered under the definition of "workman" under the Industrial Disputes Act 1947, then his termination can be effected only in accordance with the Act 1947 and other conditions of service.
- S. K. Mittal
9319956443

From India, Faridabad
Dear Shobhit
Concern employee is under Sr. Officer cadre, in this condition what would be reasonable action to issue him service termination notice with one month notice.
Kindly suggest.
Regards
Rakesh Dubey

From India, Raipur
Termination without valid ground and in absence of clause of notice period in appointment letter is bad in eye of law.
You need to check up with the clauses put for other employees of similar category.
You call the concerned employee, inform him that management wants to terminate but it would be better on his part to resign instead of termination. On your resignation management would give proper relieving letter and one month extra pay.

From India, Mumbai

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