How Do You Navigate the Termination Process for a Confirmed Employee in Manufacturing?

Termination Process for a Confirmed Employee

I am working in a manufacturing unit in Himachal Pradesh. I want to know the process of terminating a confirmed employee.

Regards,
Puneet Sharma

Hi Puneet, you have to give one month's notice or one month's salary on termination of a confirmed employee.

Regards, Upasana

Please refer to the Industrial Disputes Act, 1947, if your company has more than 50 workers/staff.

Regards, Smita

I have the following queries related to termination:

1. Our organization is a distribution company (semiconductor components). Do we come under the ID Act?
2. Bangalore is the headquarters in India.
3. Recently, we terminated an associate whose behavior was not correct, and he was cheating the company on conveyance allowance. The management decided to terminate him. On his last working day (LWD), a manager spoke to him and asked him to hand over the company assets to the office assistant. However, he did not do so and carried the notebook along with him. Now, he is asking for his salary and conveyance allowance, which we have agreed to. He is willing to return the assets once the due amount is credited to his account.

Please let me know the necessary actions to take in this situation.

Thank you.

The Industrial Disputes Act applies to your company because it is considered an industry based on the Bangalore Water Supply's case, which defines it as "any systematic activity carried out with the cooperation of persons for the satisfaction of human wants."

Disciplinary Procedure Before Termination

Before terminating an employee for misconduct, you must follow the disciplinary procedure, which involves issuing a charge sheet, conducting an inquiry, and if the misconduct is proven, then proceeding with termination as a form of punishment. If an employee feels unlawfully terminated, they may file a case in the labor court and request reinstatement. It is essential to be cautious in communication, both oral and written, to prevent any unfavorable rulings against the company.

Thank you.