Notice Pay In Case Of Termination On Disciplinary Ground

Hi!

Wud require suggestion from all Senior members of this forum ..

If a confirmed very old employee(having almost 13 yrs tenure) is asked to resign or is terminated as the person has not followed the company's business norms & policies while dealing with customer and further has not informed the same to management ... which we only came to know thru' an e-mail from the customer's side and this has badly hit our reputation.

Now my question is will we require to give the person a month's notice pay(i.e salary) if the person is asked to leave on the same day.

I am herewith furnishing the writings as it appears in our appointment & confirmation letter.

As written in Appointment letter
Notice Period : During the probation period, notice for termination of employment from either side shall be just one day. After confirmation, such notice period from either side shall be one month.

As written in Confirmation letter
Your appointment is now terminable with one month's notice on either side without assigning any reason.

Expecting reply from all .. which will help us to act likewise.

Regards
Suchandra

Hi Suchandra,
Since it is mentioned in the clause in the Appointment Letter you will have to pay to the employee the whole month's salary.
If you don't want the employee to come from the next day, settle their dues with paying them the salary till the date they have worked along with their PF, Gratuity and other dues.
Thanks!!
Regards,
Dhoop

Hi Dhoop,
Thnx for ur response ...
We will definitely pay the salary along with benefits due to her till the day she has worked ..
But my query is " Do we need to still pay one month's salary " in case we waive off her notice period..
Rgds
Suchandra

I think there is clause in labor law saying the employer shall have the right to terminate the employee without notice period in some cases like mentioned below;
a) If he commits a fault resulted in a serious loss to the employer.
b) If he repeatedly disobeys the instructions of the employer, save cases where the safety of labors & security of work are required. In such cases the repeatation is not deemed on condition. However, in all circumstances the provision of the approved penalty regulations shall be observed.
c) If he/she has been convicted of a crime affection honour, honesty or morality
d) If he/she commits an act against the public morality in the place or work.
Pls check the provisions with a leagal consultant .

Thnks Nawas ...
Any further info on this area , seniors no contribution from ur side ???
Pls provide ur valuable suggestion..
Rgds
Suchandra