I have two separate MSME units (small-scale industries). In one unit, there are 21 employees (workers), and in the second one, there are 11. Some workers have been causing nuisance for the past 3-4 years. We need to terminate two workers from the first unit and one from the second. What will be the safest legal process to ensure proper termination? Is there any MSME benefit that we should consider? Should we provide them with a 3 months' notice (or 3 months' wages with bonus and gratuity) before termination?
Please advise as we have never been in such a harassed situation.
From India, Indore
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Please advise as we have never been in such a harassed situation.
From India, Indore
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Termination of employment
Termination of employment by the employer, for whatever reason, is an economic death sentence inflicted upon the employee. Therefore, no employer can claim any concession in this matter based on the size of his/her establishment or scale of its operations.
If any employee's behavior in the course of his employment is violative of the rules of discipline and forms part of the enumerated misconducts, the employer has to initiate formal disciplinary action in tune with the Principles of Natural Justice, and only then can award the maximum punishment of dismissal.
From India, Salem
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6108Termination of employment by the employer, for whatever reason, is an economic death sentence inflicted upon the employee. Therefore, no employer can claim any concession in this matter based on the size of his/her establishment or scale of its operations.
If any employee's behavior in the course of his employment is violative of the rules of discipline and forms part of the enumerated misconducts, the employer has to initiate formal disciplinary action in tune with the Principles of Natural Justice, and only then can award the maximum punishment of dismissal.
From India, Salem
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf