1. What would constitute "unlawful" termination?
2. How would you go about training managers of the company so that they are positive they know the policy (termination and dismissal policy) and how to apply it fairly.
From Australia, Melbourne
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2. How would you go about training managers of the company so that they are positive they know the policy (termination and dismissal policy) and how to apply it fairly.
From Australia, Melbourne
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Hi,
If the termination is not justifiable in the eyes of the law, it is unlawful. There should always be a genuine reason for termination. The employee has to be given time and scope for explanation. For instance, if you are terminating a permanent employee for misconduct but without a domestic inquiry, then it's an unlawful termination, and the employee can sue you in court. If you go through the Industrial Disputes Act 1947, you will get answers to your questions.
Regards,
Rajeev Dixit
From India, Bangalore
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113If the termination is not justifiable in the eyes of the law, it is unlawful. There should always be a genuine reason for termination. The employee has to be given time and scope for explanation. For instance, if you are terminating a permanent employee for misconduct but without a domestic inquiry, then it's an unlawful termination, and the employee can sue you in court. If you go through the Industrial Disputes Act 1947, you will get answers to your questions.
Regards,
Rajeev Dixit
From India, Bangalore
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hey can u send me the link beucase i cant seem to find anything about how to train the manger of the company so they are familar with the policy
From Australia, Melbourne
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From Australia, Melbourne
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Hello Rajeev,
The ID act deals with layoffs, retrenchment, termination, and dispute settlements between the employer and employee. It states rules and regulations regarding the same. The main intention of it is to maintain proper relations between both under the framework of the law. Regarding training managers in handling termination and settlements, it should be noted that it comes through practical experience and through a proper understanding of the acts and procedures. I think it's a gradual process.
Hope it is clear with you.
Regards,
Rajeev Dixit
From India, Bangalore
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The ID act deals with layoffs, retrenchment, termination, and dispute settlements between the employer and employee. It states rules and regulations regarding the same. The main intention of it is to maintain proper relations between both under the framework of the law. Regarding training managers in handling termination and settlements, it should be noted that it comes through practical experience and through a proper understanding of the acts and procedures. I think it's a gradual process.
Hope it is clear with you.
Regards,
Rajeev Dixit
From India, Bangalore
Acknowledge(0)Amend(0)
Types of Termination of Employment
Termination of employment can generally be categorized into three types:
1. Termination by the employee himself
2. Termination as per the terms of the contract of employment
3. Termination by the employer
Of these, there cannot be an element of illegality in the first two categories. The first is a voluntary termination subject to notice by the employee and approval by the employer, while the second results from the operation of the separation clause as agreed upon.
In the third case, i.e., termination of the employee by the employer, illegality can be ascribed when it is in violation of the provisions of applicable labor laws such as the Industrial Disputes Act of 1947, Shops and Establishments Act, etc., in breach of the contract of employment, or as a result of any disciplinary proceedings in violation of the principles of Natural Justice.
From India, Salem
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Termination of employment can generally be categorized into three types:
1. Termination by the employee himself
2. Termination as per the terms of the contract of employment
3. Termination by the employer
Of these, there cannot be an element of illegality in the first two categories. The first is a voluntary termination subject to notice by the employee and approval by the employer, while the second results from the operation of the separation clause as agreed upon.
In the third case, i.e., termination of the employee by the employer, illegality can be ascribed when it is in violation of the provisions of applicable labor laws such as the Industrial Disputes Act of 1947, Shops and Establishments Act, etc., in breach of the contract of employment, or as a result of any disciplinary proceedings in violation of the principles of Natural Justice.
From India, Salem
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Industrial Disputes Amendment Act 2010.doc
INDUSTRIAL DISPUTES ACT.pdf