Without notice, an employer can ask an employee to leave the position for which the person has been appointed. For example, the employer may ask the manager to hand over charge to someone else without providing further instructions.
From India, Bangalore
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From India, Bangalore
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Dear Mahesh, I would appreciate, if you can tell us the case details, which will helpful for member to advise you appropriately.
From India, Mumbai
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208From India, Mumbai
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Mahesh, Intimidate replacement can be done without any prior notice.
From India, Mumbai
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From India, Mumbai
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Mahesh,
Sorry for the above-mentioned answer. There is no need for the employer to give prior notice in such cases because that gauges your performance. For the position you are appointed to, if you do not have the ability, in that case, they can do so...
Thank you.
From India, Mumbai
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Sorry for the above-mentioned answer. There is no need for the employer to give prior notice in such cases because that gauges your performance. For the position you are appointed to, if you do not have the ability, in that case, they can do so...
Thank you.
From India, Mumbai
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Hi all,
It happened to me also; the GM of the company asked for my resignation. I requested her to terminate as per the offer letter. As a result, she moved me out of the project and did not assign me any work. Additionally, I was not allowed to sign the attendance register. Eventually, I had to give my resignation. Please let me know what options are available for employees. (There are no work-related issues, and my work has been appreciated by customers).
Thank
From India, Bangalore
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It happened to me also; the GM of the company asked for my resignation. I requested her to terminate as per the offer letter. As a result, she moved me out of the project and did not assign me any work. Additionally, I was not allowed to sign the attendance register. Eventually, I had to give my resignation. Please let me know what options are available for employees. (There are no work-related issues, and my work has been appreciated by customers).
Thank
From India, Bangalore
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"Not allowing to sign attendance register" is not legally tenable unless a suspension or termination order has been served or issued. The direction/instruction issued for prevention of signing the attendance register is equivalent to termination. Customer appreciation is not a measure of performance unless they have communicated the same in writing to your employer. However, your employer may cite other reasons for termination.
From India, Bangalore
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From India, Bangalore
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Hello Mohan,
The notice period was 3 months (both sides). Since they were not ready to pay the notice period amount, they played that game. Yes, I have an appreciation email from the customer manager. The real reason was very personal, regarding marriage.
Thanks
From India, Bangalore
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The notice period was 3 months (both sides). Since they were not ready to pay the notice period amount, they played that game. Yes, I have an appreciation email from the customer manager. The real reason was very personal, regarding marriage.
Thanks
From India, Bangalore
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Dear Mahesh Kanchi,
You have not mentioned the exact position you hold in the company, i.e., whether your job profile is that of a workman or a Manager/Supervisor as defined under the Industrial Disputes Act. Anyway, if your profile is that of a workman and no amicable solution to the dispute is arising, you can raise a demand notice against the occupier/management under section 2 before the conciliation officer cum Inspector/Officer of your circle. Otherwise, you will have to file a civil suit, which may take years without suitable reward.
Therefore, it is advised to first try your level best to amicably settle the issue in terms of your appointment letter. Even raising a demand before the conciliation officer is generally not well-received by the management, and they may try other means to dismiss you.
P.K. Sharma
From India, Delhi
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You have not mentioned the exact position you hold in the company, i.e., whether your job profile is that of a workman or a Manager/Supervisor as defined under the Industrial Disputes Act. Anyway, if your profile is that of a workman and no amicable solution to the dispute is arising, you can raise a demand notice against the occupier/management under section 2 before the conciliation officer cum Inspector/Officer of your circle. Otherwise, you will have to file a civil suit, which may take years without suitable reward.
Therefore, it is advised to first try your level best to amicably settle the issue in terms of your appointment letter. Even raising a demand before the conciliation officer is generally not well-received by the management, and they may try other means to dismiss you.
P.K. Sharma
From India, Delhi
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Every day we go to work, we have to understand that unless protected by labor laws, employment is based on the concept of "free will." This means the employer is willing to provide work, and the employee is willing to work, thus the relationship continues. Yes, the employer can ask the employee to leave without assigning any reasons whatsoever. In that case, the compensation payable will be the sum of (1) the whole salary until the last working day and (2) the defined salary for the notice period in the appointment letter.
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Hello,
In a normal way, no employer would like to indulge in any type of dispute with employees as it causes unrest, a bad reputation, and loss to the company. There must be some cogent reason for such a hard step of disallowing you to mark your attendance and no work is allotted to you. I think you know the reason but do not want to share it with the community. If you are clear in your mind and heart, why don't you approach the person to your manager and the next senior person in your concern and apprise them of the situation. Meet them, seek the reason, and try to resolve the issue. If it is still not resolved, get a suitable notice framed by some legal person and serve them. Wish you get the matter settled early.
From India, New Delhi
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In a normal way, no employer would like to indulge in any type of dispute with employees as it causes unrest, a bad reputation, and loss to the company. There must be some cogent reason for such a hard step of disallowing you to mark your attendance and no work is allotted to you. I think you know the reason but do not want to share it with the community. If you are clear in your mind and heart, why don't you approach the person to your manager and the next senior person in your concern and apprise them of the situation. Meet them, seek the reason, and try to resolve the issue. If it is still not resolved, get a suitable notice framed by some legal person and serve them. Wish you get the matter settled early.
From India, New Delhi
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In pvt companies, anything can happen. Even in Govt, IAS Officers are stripped from their posts and kept in waiting. Pon
From India, Lucknow
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From India, Lucknow
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Dear All,
Let's understand the strategies of the corporate world. They want to remove someone without getting into legal controversies as well.
Our Indian law is very flexible. It purely depends on how you can utilize it for the betterment or self-interest. In the case of termination, the employer has the reserved right period, which is called the Probation period. During this period, employment is not confirmed. It is a period given to the employer by the law to assess the employee's performance and decide whether to confirm their employment. However, at the same time, it should be noted that any termination of employment should have a valid reason.
For more clarity, I have asked the concerned person to provide the case details so that members can advise him appropriately.
Thank you.
From India, Mumbai
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Let's understand the strategies of the corporate world. They want to remove someone without getting into legal controversies as well.
Our Indian law is very flexible. It purely depends on how you can utilize it for the betterment or self-interest. In the case of termination, the employer has the reserved right period, which is called the Probation period. During this period, employment is not confirmed. It is a period given to the employer by the law to assess the employee's performance and decide whether to confirm their employment. However, at the same time, it should be noted that any termination of employment should have a valid reason.
For more clarity, I have asked the concerned person to provide the case details so that members can advise him appropriately.
Thank you.
From India, Mumbai
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Dear Mahish,
I think personal and professional behavior must be identified first. If there is a personal problem with the manager/supervisor, then we have to be careful about it. In terms of professional acts, it is the employee's right to ask for a reason.
Regards, Kiramuddin
From Afghanistan, Kabul
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I think personal and professional behavior must be identified first. If there is a personal problem with the manager/supervisor, then we have to be careful about it. In terms of professional acts, it is the employee's right to ask for a reason.
Regards, Kiramuddin
From Afghanistan, Kabul
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Legal Compliance Plan.xls
Termination from Employment.pdf