Termination Of 15 Yers Old Employee

Naa you need to open up and tell him or her that what is expected give them a chance to improve and if things dont change then you fire the person.

Before giving any advice I would like to know as to what was the nature of work he was doing. Because in absence of appointment letter, his nature of work will decide if he is a workmen as defined under Industrial Disputes Act, 1947 or an employee. Thereafter I can advice you properly.
Advocate Pankaj Bandekar

1. One can get compensation depending on the terms of the appointment letter / contract.
2. Reason for termination is more important to claim special compensation.
3. In absence of appointment letter, we will need to know his nature of work so that we can decide if he is a workmen or an employee
Regards
Pankaj V. Bandekar
Advocate

That employee has given 15 years of his services, its natural to witness change in bis behaviour with course of time. Termination will not solve the purpose, as there will be no guarantee that the person who will replace this employee, will be far better. I feel, management must discuss openly about his behaviour, and let him know, how his behaviour is unhealthy for the organisation. Make him realise about his mistake. Atleast a chance should be given for improvement.

Dear Mr.Amit,
Going through the discusion, I want to advice you this is a law without an appoinment letter and Standing order you can not terminate his services, because he have not signed any terms & conditions of the Company. How can you terminate his services.

• An employee cannot be retired in the absence of specific clause in the appointment letter.
• If the terms and conditions are not specified in the appointment letter, an employee will note be bound to abide by subsequent conditions(from the book of Labour Law reporter)

Dear Pankaj here reply to your query he is working as a operator and of negative behaviour these days he is silently instigating other employees whenever managment introduced anything good for them he always disagreed with that without any reasons recently Diwali gifts alongwith cash distributed among the employees and for that even he refused to accept alongwith few other employees when he asked for reason he said they don't want it as it creats a very unhealthy working invironment and can spoil environment in the factory in future which managment want to handle earlier now the situation is like employer dont want to employe him any more because due to him other employees started missbehaving whever they are asked for reasons they remain silent the situation is like out of control as it seems like there go slow method.

i want to know the process to handle this situation as we don't want that other employees get effected of this, as per the suggestion now we decided to issue him show cause notice as we have tried to get resignation but he refused to resign as he is acting very smartly that managment can not do anything of him as he might be inflicted with some trade union as for now we dont have any trade union in our company

Dear Amita
I may have reply to your question , but before that I just want to know if the case is stll pending even after a long duration (apx 2+ years)

Hi Amita,
You shouldn't be terminating the employee till you have proper evidences for the reasons you want him to go. It can also be that some other employee must be conspiring against this employee.
You should investigate before taking any decision because you should also acknowledge the fact that the employee is working with your organization for 15 years and now why has he started behaving differently.
Regards,
Maithili

Dear Aysharma i didnt get you case is not pendind for long i just have posted my query been two days back and its all about present situation.