Without any notice/ warning letter, our plant head terminates one of our HR team members so what as HR professional we need to take action. Please clarify the same.
From India, Pune
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Nagarkar Vinayak L
Hr And Employee Relations Consultant

Whether the particular employee is a workman or not, termination without following the principles of natural justice is illegal.

If he is a workman under the ID Act,1947, he can raise a dispute u/s 2-A(1) of the Act before the conciliation officer for the area.

If he happens to belong to supervisory cadre with a salary exceeding Rs.10000/-pm, he can file a civil suit for breach of the contract of employment and claim damages from the management.

From India, Salem
Dear Colleague,

The high- handed and unilateral act of termination on the part of the plant head deserves to be condemned.

The HR team should approach the plant head and impress upon the illegality in the action. Also, bring to the notice of the top decision maker.

The above is in addition to knocking the legal doors available as advised by other learned colleagues.

Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant

From India, Mumbai

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