amitasingh.advocate
Dear friend
i need your suggestion that if an employer is no more required the service of an 15 years old employee due to his changed working behaviour can it be legally justified to terminate him immediatly by giving him one month notice pay with all his dues clear there is no appointment letter issued to him at the time of his appointment or what else required to do pl help early suggestions be appriciable.
Regards
Amita

From India, Solon
amitasingh.advocate
Thanx for replying but the the reasons are many as the employer is not happy with him any more as he is instigating other employees n creating unhealthy working environment silently without leaving behind any reasons to explain as he refuses to resign n managment want to terminate him immediately what to do in this situation as charge sheet procedure is lengthy wtat is the best way to terminate him legaly and get rid off him.
From India, Solon
malikjs
167

dear
you can discuss with him take resignation after paying him some extra amount.
ofcourse his terminatin without proper charge sheet ,enquiry etc will be illegal.
besides all you are rqeuired to pay him retrenchment compensation of 8 month salary
regards
js malik

From India, Delhi
parasurampur
5

It looks strange for me to believe on changed behaviour of an employee after working for 15 years. Such incidents generally occur, if s/he is neglected or undue favour is given to his/her juniors by a new management (due to change in management).
From India, Hyderabad
bhagwan_07
51

Dear Amita,
U have check...either any letter of offer issued to him or not....bcoz sometime....companies/concern....issued only offer letter....
Second thing check...any personal file had furnished for him or not...
if not...then u can immediate terminate him..without...any formalities.
Rgds

From India, Mumbai
amitasingh.advocate
in this regard my submission is whats the use of offer letter issued to him or not he is 15 years old employee and his name is entered in various records that factory maintained till date as company deposited his ESI EPF contribution till date n from there it is clear that he is a company employee.
From India, Solon
mdhannawat
2

The best way is to transfer the employee or change is work responsibilities and neglect him, his behavior will get changed . He must not be given importance in organization till he changes.
From India, Nanded
mdhannawat
2

My legal view is that first issue him show cause notice of short duration for misbehavior to make him panic.
From India, Nanded
DEEPAKUBS
3

hey mdhannaat,
Your attitude towards organisational issues is similar to the smiley with your name "devilish"
U need to read some inspirational books on HR subject
start with GUNG HO..... by ken blanchard

From India, Delhi
Suri Babu Komakula
16

Termination of 15 years old employee without any valid reasons is unjustified. If the employee committed any irregularity, the Management has to take up the process of conducting a detailed enquiry by appointing an Inquiring Authority, and after receipt of Enquiry report, an opportunity to be given to the employee and then only after taking into account the explanation of the employee, management has to take action as deemed fit in accordance with the findings of the Inquiry Report. These are the principles of natural justice where several judicial prnouncements were delivered by various Lower and Higher Courts including Supreme Court of India. The Management cannot remove any employee with vague reasons. Forcing the employee to tender resignation is also not valid according to law.
Suri Babu Komakula

From India, Vijayawada
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