Hi All i am satvika working as HR gernalist in a software compay
I have few questions around this law of termination which worries me a lot
As per my knowledge if company terminates an employee the company should pay employee some amount for his existance
1Q: Either the company should pay one month salary or the notice period?? for instance say the notice is for 2 months then the company has to pay for 2 months/1month is my question
2Q: Can company terminate an employee without paying the termination amount?? in case if company do so can the employee suit a case on the company??
3Q: Can Employee be terminated at any point of time without pay like under probation or after probation??
i have all these questions as in my company employees got terminated without pay some r under probation and some of them completed there probation and worked for more than a year
i argued with them to pay them the notice amount but nothing gud done from the employees.
According to our appointment letter the clause is like this
Termination of Employment
8.1 This employment may be terminated by either party by giving sixty days notice during the probationary period as well as after confirmation. While the company reserves the right to release you upon your resignation prior to conclusion of your notice period without paying notice pay for the balance notice period, notice pay in lieu of notice is acceptable only on approval from your Manager Operations & Senior Managers – Human Resources.
8.2 Notwithstanding clause 8.1, the Company may terminate your employment without notice in the event of serious misconduct by you or your repeated failure to provide your assigned duties.
Please clear my doubts
Regards,
Satvika
From India, Hyderabad
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8I have few questions around this law of termination which worries me a lot
As per my knowledge if company terminates an employee the company should pay employee some amount for his existance
1Q: Either the company should pay one month salary or the notice period?? for instance say the notice is for 2 months then the company has to pay for 2 months/1month is my question
2Q: Can company terminate an employee without paying the termination amount?? in case if company do so can the employee suit a case on the company??
3Q: Can Employee be terminated at any point of time without pay like under probation or after probation??
i have all these questions as in my company employees got terminated without pay some r under probation and some of them completed there probation and worked for more than a year
i argued with them to pay them the notice amount but nothing gud done from the employees.
According to our appointment letter the clause is like this
Termination of Employment
8.1 This employment may be terminated by either party by giving sixty days notice during the probationary period as well as after confirmation. While the company reserves the right to release you upon your resignation prior to conclusion of your notice period without paying notice pay for the balance notice period, notice pay in lieu of notice is acceptable only on approval from your Manager Operations & Senior Managers – Human Resources.
8.2 Notwithstanding clause 8.1, the Company may terminate your employment without notice in the event of serious misconduct by you or your repeated failure to provide your assigned duties.
Please clear my doubts
Regards,
Satvika
From India, Hyderabad
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Satvika,
Why were they terminated? I can provide you with an answer based on your input to this question.
If there are no reasons for termination, then your company should abide by clause 8.1 as referred to in the appointment letter, wherein the pay for 60 days should be made.
Regards,
sgkgopalkrishna@gmail.com
From India, Delhi
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Why were they terminated? I can provide you with an answer based on your input to this question.
If there are no reasons for termination, then your company should abide by clause 8.1 as referred to in the appointment letter, wherein the pay for 60 days should be made.
Regards,
sgkgopalkrishna@gmail.com
From India, Delhi
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Sure! Here is the corrected version of your text:
1Q: Either the company should pay one month's salary or the notice period? For instance, if the notice is for 2 months, then does the company have to pay for 2 months or 1 month is my question.
A: If this clause is in your appointment letter, then yes, you have to pay the employee. Either you will have to give the employee 2 months' notice or give him 2 months' salary in case of immediate termination.
2Q: Can the company terminate an employee without paying the termination amount? In case the company does so, can the employee file a case against the company?
A: It depends on the employee's nature how he reacts. But as per the clause in the appointment letter, it would be legally wrong to terminate the employee without paying.
3Q: Can an employee be terminated at any point in time without pay like under probation or after probation?
A: First, you need to have a proper reason to terminate the employee, either under probation or not. Yes, during probation, you need not pay the amount. But if he is confirmed, you need to legally conduct a domestic inquiry against him, and if he is found guilty, only then can you terminate him.
Chitra
I have corrected the spelling, grammar, and punctuation errors in your text and ensured proper paragraph formatting with a single line break between paragraphs.
From India, Mumbai
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1Q: Either the company should pay one month's salary or the notice period? For instance, if the notice is for 2 months, then does the company have to pay for 2 months or 1 month is my question.
A: If this clause is in your appointment letter, then yes, you have to pay the employee. Either you will have to give the employee 2 months' notice or give him 2 months' salary in case of immediate termination.
2Q: Can the company terminate an employee without paying the termination amount? In case the company does so, can the employee file a case against the company?
A: It depends on the employee's nature how he reacts. But as per the clause in the appointment letter, it would be legally wrong to terminate the employee without paying.
3Q: Can an employee be terminated at any point in time without pay like under probation or after probation?
A: First, you need to have a proper reason to terminate the employee, either under probation or not. Yes, during probation, you need not pay the amount. But if he is confirmed, you need to legally conduct a domestic inquiry against him, and if he is found guilty, only then can you terminate him.
Chitra
I have corrected the spelling, grammar, and punctuation errors in your text and ensured proper paragraph formatting with a single line break between paragraphs.
From India, Mumbai
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Hi Satvika, Please see pointwise reply in bold below:
1Q: Either the company should pay one month salary or the notice period? For instance, say the notice is for 2 months, then the company has to pay for 2 months/1 month. My question is, every organization has to abide by the terms of its appointment letter. The company has to pay notice salary or allow an employee to serve his/her notice period as per the terms of his/her employment, i.e., 30 days or 60 days as the case may be. In your case, the organization should pay at least 60 days' notice salary.
2Q: Can the company terminate an employee without paying the termination amount? In case the company does so, can the employee sue the company? Having said that, if such termination is on grounds of fraud, integrity violation, misbehavior, sexual abuse, or any other similar offense and the organization has sufficient documentary evidence to prove it, the employer is under no obligation to pay any notice salary. Termination in cases other than those mentioned above requires a proper departmental inquiry, preparation of a charge sheet, a case hearing, and finally taking a call. It is a very lengthy process and gives an opportunity to the employee to escape even if he is guilty.
3Q: Can an employee be terminated at any point in time without pay like under probation or after probation? Every appointment letter has a clause to cover the notice period during and after the probationary period. As clarified earlier, it has to be paid as per the clause only.
We all need to understand that termination is a very sensitive affair, and we need to be dead sure before starting our proceedings. It is advisable to ask the employee to resign or tell him that he would be serving his notice period until a specific date, instead of issuing a termination letter. My experience says, if you do so, half of the employees would already find a new job during such a period. This would save an employer from falling into a legal trap.
Hope this helps to some extent.
From India, Mumbai
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1Q: Either the company should pay one month salary or the notice period? For instance, say the notice is for 2 months, then the company has to pay for 2 months/1 month. My question is, every organization has to abide by the terms of its appointment letter. The company has to pay notice salary or allow an employee to serve his/her notice period as per the terms of his/her employment, i.e., 30 days or 60 days as the case may be. In your case, the organization should pay at least 60 days' notice salary.
2Q: Can the company terminate an employee without paying the termination amount? In case the company does so, can the employee sue the company? Having said that, if such termination is on grounds of fraud, integrity violation, misbehavior, sexual abuse, or any other similar offense and the organization has sufficient documentary evidence to prove it, the employer is under no obligation to pay any notice salary. Termination in cases other than those mentioned above requires a proper departmental inquiry, preparation of a charge sheet, a case hearing, and finally taking a call. It is a very lengthy process and gives an opportunity to the employee to escape even if he is guilty.
3Q: Can an employee be terminated at any point in time without pay like under probation or after probation? Every appointment letter has a clause to cover the notice period during and after the probationary period. As clarified earlier, it has to be paid as per the clause only.
We all need to understand that termination is a very sensitive affair, and we need to be dead sure before starting our proceedings. It is advisable to ask the employee to resign or tell him that he would be serving his notice period until a specific date, instead of issuing a termination letter. My experience says, if you do so, half of the employees would already find a new job during such a period. This would save an employer from falling into a legal trap.
Hope this helps to some extent.
From India, Mumbai
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Hi All,
Thanks for responding to my query 😂 and providing a clear picture of the termination clause/law. In my company, employees are terminated based on their performance issues. The top management does not provide any intimation to the employees a month before, not even a week, and they are not paid for the notice period. Instead, they are given a resignation and service certificate, as we formally do for employees who resign. No termination letter has been issued.
Regards,
Satvika
From India, Hyderabad
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Thanks for responding to my query 😂 and providing a clear picture of the termination clause/law. In my company, employees are terminated based on their performance issues. The top management does not provide any intimation to the employees a month before, not even a week, and they are not paid for the notice period. Instead, they are given a resignation and service certificate, as we formally do for employees who resign. No termination letter has been issued.
Regards,
Satvika
From India, Hyderabad
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Hi everyone,
Can anyone please help me with the above-mentioned matter?
My question is: If a company terminates an employee without any notice period and doesn't pay for the notice period, what action should the employee take? Is there any particular law or place where the employee can register a complaint against the company?
Please reply because it happened to my friend; the company refused to pay his full incentive and salary for the notice period which he wanted to serve. In his full and final settlement sheet, the company mentioned that the notice period was waived by him, so he is not able to get paid for the notice period, which is totally untrue.
Regards,
@rchana 😕
From India, Delhi
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Can anyone please help me with the above-mentioned matter?
My question is: If a company terminates an employee without any notice period and doesn't pay for the notice period, what action should the employee take? Is there any particular law or place where the employee can register a complaint against the company?
Please reply because it happened to my friend; the company refused to pay his full incentive and salary for the notice period which he wanted to serve. In his full and final settlement sheet, the company mentioned that the notice period was waived by him, so he is not able to get paid for the notice period, which is totally untrue.
Regards,
@rchana 😕
From India, Delhi
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Hi Archana,
Please be informed that your company is not liable to pay any amount to the terminated employees.
As sad as it sounds but the company was very smart to mention the clause and a sub clause where it enables them from not paying any termination pay also in case of a lawsuit they are protected again because the employee has signed the document and also they can mention that the "approval from your Manager Operations & Senior Managers – Human Resources." either of the peron has denied the payment based on performance issues since it is on this basis that the employees were fired.
Also please note that the only thing that be contested in court is this rule which is unjust from the employees point of view, for this your collegues have to consult a lawyer. And once the rule has been termed void the company will be forced to pay all the employees.
By rule I mean clause 8.1,8.2 in employee employer agreement.
Regards,
AJ
From India, Thana
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Please be informed that your company is not liable to pay any amount to the terminated employees.
As sad as it sounds but the company was very smart to mention the clause and a sub clause where it enables them from not paying any termination pay also in case of a lawsuit they are protected again because the employee has signed the document and also they can mention that the "approval from your Manager Operations & Senior Managers – Human Resources." either of the peron has denied the payment based on performance issues since it is on this basis that the employees were fired.
Also please note that the only thing that be contested in court is this rule which is unjust from the employees point of view, for this your collegues have to consult a lawyer. And once the rule has been termed void the company will be forced to pay all the employees.
By rule I mean clause 8.1,8.2 in employee employer agreement.
Regards,
AJ
From India, Thana
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Hi Archana,
Regarding your second query, your friend can definitely file a civil suit against the company and win it if he has written proof of what he claims to be true. For example, a letter from the company stating that he doesn't have to serve his notice period.
If it's just a word that he is relying on before taking legal action and if the company rejects his claims, then he needs at least two reliable witnesses who would testify during a civil suit that what your friend says is true.
In any other case, there is no point in pursuing this issue further since the employer has been so dishonest that he can go to any extent. There are many employers with very low moral values. The only other option is to publicize it on the internet or in newspapers regarding what the employer has done and name the employer.
Regards,
AJ
From India, Thana
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Regarding your second query, your friend can definitely file a civil suit against the company and win it if he has written proof of what he claims to be true. For example, a letter from the company stating that he doesn't have to serve his notice period.
If it's just a word that he is relying on before taking legal action and if the company rejects his claims, then he needs at least two reliable witnesses who would testify during a civil suit that what your friend says is true.
In any other case, there is no point in pursuing this issue further since the employer has been so dishonest that he can go to any extent. There are many employers with very low moral values. The only other option is to publicize it on the internet or in newspapers regarding what the employer has done and name the employer.
Regards,
AJ
From India, Thana
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Miss Archana,
Termination without any reason is illegal, provided it is done within the framework of the standing orders of the company. If the employee falls under the workman category, he cannot be terminated unless a formal inquiry is conducted, and an opportunity is provided for him to express his opinion. The Industrial Disputes Act of 1948 has clear guidelines on this.
Check the category of the industry to determine whether the Factories/Industries Act applies or not. Only then can clear guidelines be justified.
Regards,
Keshava Prasad
From India, Bangalore
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Termination without any reason is illegal, provided it is done within the framework of the standing orders of the company. If the employee falls under the workman category, he cannot be terminated unless a formal inquiry is conducted, and an opportunity is provided for him to express his opinion. The Industrial Disputes Act of 1948 has clear guidelines on this.
Check the category of the industry to determine whether the Factories/Industries Act applies or not. Only then can clear guidelines be justified.
Regards,
Keshava Prasad
From India, Bangalore
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