Termination [Thread 579528]

Can we terminate a on roll staff if there is a allegation against him to take money from company in different mode but there is no solid proof for the same.

You should do domestic inquiry for the same.Please follow the principle of natural justice. while domestic inquiry if he found guilty along with evidence, you can terminate him/her.

Termination is always employers prerogative, employer is te owner of contract of employment. He can always make remission of the contract. So if there is a general contract. Employer can do away with it without inquiry on his will. See Things To Remember While Drafting A Valid Employment Contract

If you want to terminate an employee on grounds of a misconduct, then he should be given an opportunity to be heard and defend his case as per the principles of natural justice for which purpose you need put him on notice about the charges and conduct a domestic inquiry where he can defend himslef agsint teh charges and if found guilty on the basis of evidence, then you can impose appropriate penalty.
B.Saikumar
HR & Labour Law Advisor
Navi Mumbai