Dear Colleagues, can an employer decides to terminate staff contract because the staff is unable to submit his qualification credential within the timeline he agreed? Thanks
From Ethiopia
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From Ethiopia
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Yes he can, but follow principle of natural justice. Law actually prescribes giving reasonable time and proper chance to be heard. Document your hearing and get his signature on replies.
From India, Kolkata
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180From India, Kolkata
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Yes, submission of qualifications is a basic requirement of employment. If a person is asked to join assuming in good faith that he is qualified and is required to submit the credentials, failure to do so certainly makes the contract of employment null and void. Of course, giving him a notice and allowing him to present his side of the story is always a good idea. A record of the same helps in case of a legal challenge.
From India, Mumbai
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From India, Mumbai
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Sir, kindly go through the written communication. Give them an advisory letter related to submitting documents and mention the importance of documents in it. If they do not submit, issue a warning letter for the same. From the employer's side, ensure proper written communication, and if they do not submit, you can take actions.
From India, Vadodara
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From India, Vadodara
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Employer Generosity and Employee Responsibility
It was probably the generosity of the employer that allowed the staff to join without insisting on the production of qualification certificates at the time of joining. The employee shouldn't have taken undue advantage of this simplicity. If the employee had assured to produce the certificate within a timeframe, he should have adhered to it. If there was any problem in sticking to the timeframe, the employee should have approached the employer and explained his difficulties in producing the certificate within the timeframe.
If the employee has now produced the qualification credentials without adhering to the timeframe, he can express his regrets to the employer and resolve the matter with him. If the employee has still not produced the certificate, he is liable for action, but certainly, he needs to explain his conduct prior to any termination. The employer may or may not agree to his submissions.
Regards, BS Kalsi
From India, Mumbai
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It was probably the generosity of the employer that allowed the staff to join without insisting on the production of qualification certificates at the time of joining. The employee shouldn't have taken undue advantage of this simplicity. If the employee had assured to produce the certificate within a timeframe, he should have adhered to it. If there was any problem in sticking to the timeframe, the employee should have approached the employer and explained his difficulties in producing the certificate within the timeframe.
If the employee has now produced the qualification credentials without adhering to the timeframe, he can express his regrets to the employer and resolve the matter with him. If the employee has still not produced the certificate, he is liable for action, but certainly, he needs to explain his conduct prior to any termination. The employer may or may not agree to his submissions.
Regards, BS Kalsi
From India, Mumbai
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