Hi, can an employer can terminate an employee without any notice period? will the employer will have right to terminate an employe without any reason i.e simply by saying cost cutting?
From India, Hyderabad
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From India, Hyderabad
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We can terminate without notice pay, but we can't terminate him without reason. If he takes the issue to court or the labor commissioner, it may become a problem. Instead of terminating him, we can ask him to submit a resignation letter.
From India, Thiruvananthapuram
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1From India, Thiruvananthapuram
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I think you can terminate the employee for such a reason, but you can give him one month's salary so that he has a period of one month to search for a new job. You can also help him by stating that you will provide a relieving letter on the date he chooses as soon as he secures a new job. This approach will not damage his professional image either. I hope I am right.
Regards.
From India, Pune
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Regards.
From India, Pune
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yup. but the thnk is that it is nt necessary to provide the notice pay. its d discretion of the employer
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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One of my friends was working in a school for 1 1/2 years, and suddenly one day, they asked her to leave the school, and today is her last day. When she asked for the reason, they told her it was due to cost-cutting.
So, what should she do? Please advise.
From India, Hyderabad
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So, what should she do? Please advise.
From India, Hyderabad
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The company can't simply terminate the service without a strong reason. Although on disciplinary grounds, a proper inquiry must be conducted. It must be based on bona fide and not mala fide to ensure natural justice and fairness.
In your case, I found the reason is to cut operational costs. The cost for operation includes the labor cost. If the company needs to cut the labor cost, they can't simply fire the staff.
Steps to Address Cost-Cutting in Labor
1. The company must cut non-productive costs first, such as luxury expenses.
2. Terminate the service of foreign workers or contract staff.
3. Apply the LIFO system - last in, first out.
4. Identify which department to eliminate (job redundancy) and transfer the staff to another department to utilize the manpower capacity.
5. Implement a Mutual Separation Scheme or Volunteer Separation Scheme.
Thanks.
From United States, Houston
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In your case, I found the reason is to cut operational costs. The cost for operation includes the labor cost. If the company needs to cut the labor cost, they can't simply fire the staff.
Steps to Address Cost-Cutting in Labor
1. The company must cut non-productive costs first, such as luxury expenses.
2. Terminate the service of foreign workers or contract staff.
3. Apply the LIFO system - last in, first out.
4. Identify which department to eliminate (job redundancy) and transfer the staff to another department to utilize the manpower capacity.
5. Implement a Mutual Separation Scheme or Volunteer Separation Scheme.
Thanks.
From United States, Houston
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based on the terms and conditions mentioned in your letter of appointment. it should be consider whether you or on probation or not.
From India, Warangal
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From India, Warangal
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Without specifi reason we cant terminiate any employee . If we have terminited any emply as per performance basis then we will give three month salary of basic and pay total leave if any balance
From India, Pune
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From India, Pune
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An employer can terminate the services of an employee without notice only on this ground alone: if the employee commits any criminal offense and is charged by any court for the offense committed. Otherwise, all terminations must be clearly reasoned out with justification. Also, the principle of natural justice needs to be complied with, which includes the opportunity of being heard.
Later, steps may be taken either to suspend the employee or terminate them based on the standing orders of the company. Any gross misconduct committed may be the reason for the employee's suspension or termination based on the findings of a domestic inquiry.
Regards,
Jay
From India, Madras
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Later, steps may be taken either to suspend the employee or terminate them based on the standing orders of the company. Any gross misconduct committed may be the reason for the employee's suspension or termination based on the findings of a domestic inquiry.
Regards,
Jay
From India, Madras
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Immediate Termination Due to Gross Misconduct
An employee can be terminated with immediate effect without any notice period if they are found to be indulging in gross misconduct such as rioting, manhandling, intentionally damaging company assets, stopping production, or being caught red-handed in theft. However, a company should always understand that the attitude of an employee is a reflection of the company's attitude towards them.
From India, Delhi
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An employee can be terminated with immediate effect without any notice period if they are found to be indulging in gross misconduct such as rioting, manhandling, intentionally damaging company assets, stopping production, or being caught red-handed in theft. However, a company should always understand that the attitude of an employee is a reflection of the company's attitude towards them.
From India, Delhi
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Notice Period for Employee Termination
Generally, for a confirmed employee, the organization gives a 1-month notice or as mentioned in the appointment letter. Otherwise, if they are terminating an employee with immediate effect, they have to pay 1 month's salary to him/her.
On the contrary, for a non-confirmed employee, they can terminate him/her with a 1-week notice period. Even worse, they can provide any reason for it.
From India, Kota
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Generally, for a confirmed employee, the organization gives a 1-month notice or as mentioned in the appointment letter. Otherwise, if they are terminating an employee with immediate effect, they have to pay 1 month's salary to him/her.
On the contrary, for a non-confirmed employee, they can terminate him/her with a 1-week notice period. Even worse, they can provide any reason for it.
From India, Kota
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Hi i am debashish Subject- Termination I have terminated from my previous company without notice period because of salary dispute. If i join another company is there any problem i face?
From India, Delhi
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From India, Delhi
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[QUOTE=debashish_aul;1708235] Hi, I am Debashish.
Subject: Termination
I have been terminated from my previous company without a notice period due to a salary dispute. If I join another company, will I face any problems? I left that company one and a half months ago and have been searching for a new job. I am also showcasing my experience from that company until now.
Please suggest a good outcome.
From India, Delhi
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Subject: Termination
I have been terminated from my previous company without a notice period due to a salary dispute. If I join another company, will I face any problems? I left that company one and a half months ago and have been searching for a new job. I am also showcasing my experience from that company until now.
Please suggest a good outcome.
From India, Delhi
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yes termination is possible without giving any notice, but employer should compansate the same with notice salary. sumit
From India, Ghaziabad
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From India, Ghaziabad
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Which rule says 3 months ? It needs to be as per the company rules and appointment letter. Generally it’s 1 month
From India, Mumbai
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From India, Mumbai
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I had a chance to read your articles on termination because I am working as an HR manager in a reputed company. One morning, my Managing Director called me to terminate a staff member. I asked for the exact reason, and he instructed me to prepare a termination letter based on poor performance. However, the individual in question had raised concerns against the management. At this point, I attempted to convince the management to issue a warning letter instead, but my request was denied. In this situation, the role of an HR manager can feel like a "scapegoat."
Thank you
From India, Karur
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Thank you
From India, Karur
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Legal Notice for Breach of Notice Period .docx