Termination Policy
An employer who appoints an employee has the right to terminate their services as well. However, before doing so, the employee shall be given an opportunity to be heard or shall be given sufficient time to find alternative employment.
If you follow the Industrial Disputes Act, 1947, retrenchment of an employee who has been in continuous service for at least one year (one year of service means 240 days of work, including Sundays or weekly off days, holidays, and paid leave) without giving compensation at the rate of 15 days' salary for every year of service is illegal. Similarly, an employer should give notice to the employee of their intention to terminate their service at least one month before such termination. In lieu of notice, one month's pay shall be provided. If the employer is employing more than 100 employees, then the notice or the payment in lieu of notice shall be for three months.
Termination on the grounds of misconduct is possible after conducting a disciplinary action. Here, the employee should be given an opportunity to explain their position. Discharge or dismissal without holding an inquiry is illegal.
Regards,
Qamer Siddiqui
HR Manager
Country Inn & Suites By Carlson
Mobile: [Phone Number Removed For Privacy Reasons]