Aarti,
Consider the following,
>>>Any person who worked with any company for 240 continuous day is supposed to be a confirmed employee
>>>If mgmt wants to sack him for any reason, first you need to give him / her a show cause notice & wait for his reply
>>>If his reply is satisfactory, you must give him time to improve. If his reply is unsatisfactory, you need can keep him under suspension & organise for an internal enquiry (to be conducted by a qualified lawyer where mgmt & employee will be at their liberty to project their side)
>>>During suspension period company needs to pay "Subsistence allowance". First 90 days 50% of total salary, 91-180 days 75% of total salary, after 180 days full salary need to be paid as subsistence allowance.
>>>Company needs to wait for the internal enquiry result. If whatever mgmt says is proved (Egs: lower performance in ur case) in the internal enquiry, you can proceed with punishment based on the gravity of the offence (lower performance in ur case)
>>>After this internal enquiry & subsequent punishment, next the victim (punished employee) can put forth his case before labour commissioner.
>>>Labour commissioner will try to resolve issues between mgmt & victim to his level best without compromising laws. If cannot be resolved at his level, he will foward the files stating, issue not resolved to labour court
>>>In labour court both have to right to fight on their own & win or loss
In the above sequence if anything is not followed, mgmt will be liable for declaring punishments on its own will & wish.
For deciding on punishments based on gravity of misconduct, you need to take advice for lawyers or previous labour law judgements.
In most of the cases labour courts gives decision in favour of workers.
Devarajan
9841822629
Consider the following,
>>>Any person who worked with any company for 240 continuous day is supposed to be a confirmed employee
>>>If mgmt wants to sack him for any reason, first you need to give him / her a show cause notice & wait for his reply
>>>If his reply is satisfactory, you must give him time to improve. If his reply is unsatisfactory, you need can keep him under suspension & organise for an internal enquiry (to be conducted by a qualified lawyer where mgmt & employee will be at their liberty to project their side)
>>>During suspension period company needs to pay "Subsistence allowance". First 90 days 50% of total salary, 91-180 days 75% of total salary, after 180 days full salary need to be paid as subsistence allowance.
>>>Company needs to wait for the internal enquiry result. If whatever mgmt says is proved (Egs: lower performance in ur case) in the internal enquiry, you can proceed with punishment based on the gravity of the offence (lower performance in ur case)
>>>After this internal enquiry & subsequent punishment, next the victim (punished employee) can put forth his case before labour commissioner.
>>>Labour commissioner will try to resolve issues between mgmt & victim to his level best without compromising laws. If cannot be resolved at his level, he will foward the files stating, issue not resolved to labour court
>>>In labour court both have to right to fight on their own & win or loss
In the above sequence if anything is not followed, mgmt will be liable for declaring punishments on its own will & wish.
For deciding on punishments based on gravity of misconduct, you need to take advice for lawyers or previous labour law judgements.
In most of the cases labour courts gives decision in favour of workers.
Devarajan
9841822629