: Termination Policy
An employer who appoints an employee has right to terminate his services also. But before doing so, the employee shall be given an opportunity of being heard or he shall be given sufficient time to find an alternative employment.
If you follow the Industrial Disputes Act, 1947, retrenchment of employee who has been in continuous service of 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 employee of his intention to terminate his service before one month of such termination. In lieu of notice, one month pay shall be paid. If the employer is employing more than 100 employees, then the notice or the payment in lieu of notice shall be for 3 months.
Termination on the ground of misconduct is possible after conducting a disciplinary action. Here, the employee should be given an opportunity to explain his stand. Discharge or dismissal without holding an enquiry is illegal.
Thanks & Regards,
Qamer Siddiqui
HR Manager
Country Inn & Suites By Carlson,
Mobile: +91 9711874008