Legal Concerns: Can We Terminate an Employee for Rejecting a New Training Policy?

Will there be any legal issue if we terminate an employee for refusing to accept the new updated training policy (work 3 years or pay a penalty of 100,000) after availing of the training?

Will there be any legal issue if we terminate an employee for refusal to accept the new updated training policy (work 3 years or pay a penalty of 1,00,000) after availing the trainings?

Hi, Strictly speaking, whatever terms and conditions are mutually agreed upon between the employer and employee at the time of joining will bind the employee. You cannot force the employee to accept unrealistic interim amendments in employment terms. The right process is to make it applicable to future new joiners and not the existing employees.

If an employee fails to accept the revised terms, it is better to collect their resignation rather than using the termination option. You cannot terminate the employee on the above grounds either.

Did you put the conditions before the training, and now he is refusing to follow them? Or did you bring the conditions after he finished the training?

You cannot impose conditions as an afterthought. If you had conditions and he refused to accept them, then he should not have been given the training.

Can you clarify the following aspects?

Type of establishment and applicable acts

What is the type of your establishment, and which acts apply to your firm to deal with the issue?

Employee training status

Did the employee concerned already complete the stipulated training, or has he yet to undergo the training?

Training policy acceptance

Is it necessary for an employee to accept the training policy? Is there any service condition that states this as a prerequisite?

Concerns about the revised policy

Why is he refusing to accept the revised policy? How does the revised policy impact the interests of the employees? Have any major issues been added newly?

In any case, you may not be able to hand down a 'capital punishment' of termination considering the degree of 'indiscipline.'

It's necessary that you should initiate a 'departmental inquiry' to look into the indiscipline following legal procedures before taking any action as being thought of.