Without any notice/ warning letter, our plant head terminates one of our HR team members so what as HR professional we need to take action. Please clarify the same.
From India, Pune
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From India, Pune
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Termination and Legal Recourse
Whether the particular employee is a workman or not, termination without following the principles of natural justice is illegal.
If he is a workman under the ID Act, 1947, he can raise a dispute under Section 2-A(1) of the Act before the conciliation officer for the area.
If he belongs to the supervisory cadre with a salary exceeding Rs. 10,000 per month, he can file a civil suit for breach of the contract of employment and claim damages from the management.
From India, Salem
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6108Whether the particular employee is a workman or not, termination without following the principles of natural justice is illegal.
If he is a workman under the ID Act, 1947, he can raise a dispute under Section 2-A(1) of the Act before the conciliation officer for the area.
If he belongs to the supervisory cadre with a salary exceeding Rs. 10,000 per month, he can file a civil suit for breach of the contract of employment and claim damages from the management.
From India, Salem
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The high-handed and unilateral act of termination by the plant head deserves to be condemned. The HR team should approach the plant head and emphasize the illegality of the action. Additionally, this should be brought to the attention of the top decision-maker. This is in addition to pursuing legal avenues as advised by other knowledgeable colleagues.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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Notice of Employee Change.doc
Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf