If an employer intends to terminate the employment of a permanent employee then what formalities should be maintained in a mining corporation.
From India
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1From India
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Termination of an employee by the employer
Termination of an employee by the employer means the unilateral termination of the contract of employment between the employee and themselves. Employment, being a contract of service between them, can be unilaterally terminated by the employer strictly as per the terms of exit mentioned in the contract, as long as they are not opposed to public policy as mentioned in the provisions of section 23 of the Indian Contract Act, 1872. Therefore, it depends mostly upon the reasons for such a decision by the employer. Whether the industry is a mining corporation or something else, the reasons can be as varied as dismissal for misconduct, redundancy, retrenchment, etc.
Reviewing legal definitions and provisions
It is advisable for the reader to review the definition of the term 'retrenchment' under section 2(oo) of the Industrial Disputes Act, 1947, in conjunction with the provisions of sections 25-F and 25-N of the Act.
From India, Salem
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Termination of an employee by the employer means the unilateral termination of the contract of employment between the employee and themselves. Employment, being a contract of service between them, can be unilaterally terminated by the employer strictly as per the terms of exit mentioned in the contract, as long as they are not opposed to public policy as mentioned in the provisions of section 23 of the Indian Contract Act, 1872. Therefore, it depends mostly upon the reasons for such a decision by the employer. Whether the industry is a mining corporation or something else, the reasons can be as varied as dismissal for misconduct, redundancy, retrenchment, etc.
Reviewing legal definitions and provisions
It is advisable for the reader to review the definition of the term 'retrenchment' under section 2(oo) of the Industrial Disputes Act, 1947, in conjunction with the provisions of sections 25-F and 25-N of the Act.
From India, Salem
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Termination from Employment.pdf
TERMINATION OF EMPLOYMENT.doc