Dear Sir, I need your kind assistance on the subject. Recently, one of my friends was designated as a joint manager (salary range approximately CTC 56K) and employed with a private company in Varanasi. He has been suddenly issued a two-line termination letter with immediate effect without any reasons specified, as per the clause mentioned in his appointment letter. Additionally, he has been paid three months' notice pay, which is only his Basic salary, whereas the salary includes other components.
Grievance Redressal for Employees Not Covered Under ID Act
I would like to inquire about the grievance redressal machinery available for such employees who are not covered under the ID Act or workers' protection. Is the method of sudden termination valid without any formal procedure? Also, is paying only the 'Basic' salary as notice pay justified? If he had been asked to continue working until the completion of his three-month notice period, he should have received all the components agreed upon in the appointment letter.
Kindly provide your valuable comments.
Regards,
From India, Delhi
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1Grievance Redressal for Employees Not Covered Under ID Act
I would like to inquire about the grievance redressal machinery available for such employees who are not covered under the ID Act or workers' protection. Is the method of sudden termination valid without any formal procedure? Also, is paying only the 'Basic' salary as notice pay justified? If he had been asked to continue working until the completion of his three-month notice period, he should have received all the components agreed upon in the appointment letter.
Kindly provide your valuable comments.
Regards,
From India, Delhi
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Could you please help me with the legal aspects involved in terminating an employee from an IT/KPO company to ensure that the employee does not file a case against the company at a later stage? Please revert ASAP. It's very urgent.
From India
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From India
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The affected person can file a case against his termination. If he wins the case filed against his company, surely the company has to give him employment with retrospective effect.
From India, Kumbakonam
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From India, Kumbakonam
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Legal Considerations for Employee Termination
Yes, I understand that. Keeping that in mind, can you tell me what legal aspects the company should consider to ensure a clean chit after terminating an employee? Can you help me with an authentic termination letter and settlement letter? What other documentation should the company prepare? Please help.
Regards
From India
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Yes, I understand that. Keeping that in mind, can you tell me what legal aspects the company should consider to ensure a clean chit after terminating an employee? Can you help me with an authentic termination letter and settlement letter? What other documentation should the company prepare? Please help.
Regards
From India
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Also, By when should the company give the employee his severance pay? How much & by When ? (legally) When should the company issue his last paycheque? (as per law)
From India
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From India
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The definition of workmen is very broad; in view of this, the nature of work performed by the employee determines whether the person falls under the ID Act or not. I suggest you advise your friend to approach the conciliation officer and present his case. If your friend is not covered under the ID Act, he may seek recourse in the Civil Court for breach of contract and appropriate damages.
Regards,
From India, Vadodara
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Regards,
From India, Vadodara
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Dear Subhash, For employees not covered under the ID Act, legal remedies are available in civil laws. Removal/termination from employment can be challenged in civil courts if all benefits due to them are not settled and all employment conditions are not met. Reinstatement is not possible. Instead of reinstatement, they can claim damages and compensation.
Regards, Kamal
From India, Pune
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Regards, Kamal
From India, Pune
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf