IMMEDIATE LEGAL QUESTIONS HAUNTING INDIAN STAFFING COMPANIES
In continuation of our earlier post on the subject :
Clients want the Staffing or Temping Company to terminate the Employee for dishonesty, theft, misconduct etc? Is it correct?
There is nothing like summary termination in Indian Law except if it is for proven mis-conduct.
It has to be proven beyond doubt in an Enquiry done for the purpose. In Staffing & Temping Business such Enquiry cannot be practically done as the incident would have occurred in the Clients place.Definitely the risk is there in such termination action without conducting an enquiry is there.There is an element of practical and high risk in such terminations.All such terminations can bounce back with possible Labour Claims.
A definitive process with expert Legal support has to be chalked out with the concurrence of the Client at the time of signing the Contract with the Client itself.
With Regards
Advocates & Notaries -Legal Consultants-HR
E-mail : rajanassociates@eth,net,
Mobile : 9025792684-9025792634
In continuation of our earlier post on the subject :
Clients want the Staffing or Temping Company to terminate the Employee for dishonesty, theft, misconduct etc? Is it correct?
There is nothing like summary termination in Indian Law except if it is for proven mis-conduct.
It has to be proven beyond doubt in an Enquiry done for the purpose. In Staffing & Temping Business such Enquiry cannot be practically done as the incident would have occurred in the Clients place.Definitely the risk is there in such termination action without conducting an enquiry is there.There is an element of practical and high risk in such terminations.All such terminations can bounce back with possible Labour Claims.
A definitive process with expert Legal support has to be chalked out with the concurrence of the Client at the time of signing the Contract with the Client itself.
With Regards
Advocates & Notaries -Legal Consultants-HR
E-mail : rajanassociates@eth,net,
Mobile : 9025792684-9025792634