Understanding Unlawful Termination: How Can We Train Managers to Apply Policies Fairly?

1. What would constitute "unlawful" termination?

2. How would you go about training managers of the company so that they are positive they know the policy (termination and dismissal policy) and how to apply it fairly.

Hi,

If the termination is not justifiable in the eyes of the law, it is unlawful. There should always be a genuine reason for termination. The employee has to be given time and scope for explanation. For instance, if you are terminating a permanent employee for misconduct but without a domestic inquiry, then it's an unlawful termination, and the employee can sue you in court. If you go through the Industrial Disputes Act 1947, you will get answers to your questions.

Regards,
Rajeev Dixit

Hi,

If the termination is not justifiable in the eyes of the law, it is unlawful. There should always be a genuine reason for termination. The employee has to be given time and scope for explanation. For instance, if you are terminating a permanent employee for misconduct but without a domestic inquiry, then it's an unlawful termination, and the employee can sue you in court. If you go through the Industrial Disputes Act of 1947, you will get answers to your questions.

Regards,
Rajeev Dixit

Hey, can you send me the link because I can't seem to find anything about how to train the manager of the company so they are familiar with the policy.

Hello Rajeev,

The ID act deals with layoffs, retrenchment, termination, and dispute settlements between the employer and employee. It states rules and regulations regarding the same. The main intention of it is to maintain proper relations between both under the framework of the law. Regarding training managers in handling termination and settlements, it should be noted that it comes through practical experience and through a proper understanding of the acts and procedures. I think it's a gradual process.

Hope it is clear with you.

Regards,
Rajeev Dixit

Types of Termination of Employment

Termination of employment can generally be categorized into three types:

1. Termination by the employee himself
2. Termination as per the terms of the contract of employment
3. Termination by the employer

Of these, there cannot be an element of illegality in the first two categories. The first is a voluntary termination subject to notice by the employee and approval by the employer, while the second results from the operation of the separation clause as agreed upon.

In the third case, i.e., termination of the employee by the employer, illegality can be ascribed when it is in violation of the provisions of applicable labor laws such as the Industrial Disputes Act of 1947, Shops and Establishments Act, etc., in breach of the contract of employment, or as a result of any disciplinary proceedings in violation of the principles of Natural Justice.