Mutual Trust and Confidence in Employment
Mutual trust and confidence are the invisible common threads that keep the employer and employee associated for any length of time. However, it is always hard to prove who lost the trust and confidence, whether it was the employee or the employer. There is no hard and fast yardstick to measure the trust and confidence of any party. Therefore, even if a departmental or domestic inquiry is held, with the upper hand being of the employer, the employee can only be adjudged to have lost the trust and confidence of the employer. Even if due formalities are observed, nothing can be substantiated justifiably in that respect.
Implications of Immediate Termination Without Due Process
Your query seems to be half-baked, particularly with reference to the terms, "if the employee terminates immediately without due process." Assuming that the company has not adopted the due process of termination, as may have been prescribed in the terms and conditions of employment notified through the offer letter or appointment letter, regarding implications, I can say that except for the liability of the company to compensate the employee with the notice period pay, no other liability would rest on the company. However, if the termination letter does not specify the reason for the loss of trust and confidence, the company can be made liable to pay gratuity as well, if it becomes due as per the law.
Regards