Hi All,
I need clarification about termination. Is a person who is terminated directly eligible for 3 months' salary compensation? If not given, will it have any legal bindings? Does the company need to suspend, conduct an inquiry, and then terminate?
Waiting for your advice.
Cheers,
Priyaa
From India, Madras
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I need clarification about termination. Is a person who is terminated directly eligible for 3 months' salary compensation? If not given, will it have any legal bindings? Does the company need to suspend, conduct an inquiry, and then terminate?
Waiting for your advice.
Cheers,
Priyaa
From India, Madras
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Terminating employees without notice or conducting an inquiry for alleged misconduct is not valid. In such cases, if the employment appointment letter states a three-month notice period and the employer wants to immediately terminate the employee, the employee can be given three months' notice pay.
Failing to do so, he will be liable for the recovery of money dues, and employment terminated due to the unjustified manner. Such cases result in reinstatement with full back wages.
I used to work in one company in India as Senior Manager HR in corporate. One fine day, the Chairman, who was whimsical, tried to test my knowledge. I explained to him my knowledge about how to prepare project reports, project costs, imports & exports, licensing, statutory compliances, excise and customs duties, financing projects, listing on the stock exchange, and tricks of making profits before we could actually start a business by over-invoicing, etc.
He could not find any fault, but in the meetings of all Senior Vice-Presidents, he felt insulted as he was targeting me and ultimately challenged me to write HR Policy and Procedures in 24 hours.
I immediately said I would take two weeks. He challenged my ability by counter-questioning his question, which he did not like. The next day, feeling his ego hurt, he instructed me to do impossible things. I immediately tendered my resignation, and in 2004, I received 120,000 INR as my three months' Basic pay in lieu of the notice period. Although the chartered accountants were not happy and tried to explain to me that I was not eligible for this notice pay, I insisted that they had accepted my resignation with immediate effect. Hence, they had to pay me three months' notice because I had mentioned in my resignation that I would serve my notice period. They finally agreed because I was right. Then, I left India and immigrated to Australia.
Regards,
Partho
From Saudi Arabia
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5Failing to do so, he will be liable for the recovery of money dues, and employment terminated due to the unjustified manner. Such cases result in reinstatement with full back wages.
I used to work in one company in India as Senior Manager HR in corporate. One fine day, the Chairman, who was whimsical, tried to test my knowledge. I explained to him my knowledge about how to prepare project reports, project costs, imports & exports, licensing, statutory compliances, excise and customs duties, financing projects, listing on the stock exchange, and tricks of making profits before we could actually start a business by over-invoicing, etc.
He could not find any fault, but in the meetings of all Senior Vice-Presidents, he felt insulted as he was targeting me and ultimately challenged me to write HR Policy and Procedures in 24 hours.
I immediately said I would take two weeks. He challenged my ability by counter-questioning his question, which he did not like. The next day, feeling his ego hurt, he instructed me to do impossible things. I immediately tendered my resignation, and in 2004, I received 120,000 INR as my three months' Basic pay in lieu of the notice period. Although the chartered accountants were not happy and tried to explain to me that I was not eligible for this notice pay, I insisted that they had accepted my resignation with immediate effect. Hence, they had to pay me three months' notice because I had mentioned in my resignation that I would serve my notice period. They finally agreed because I was right. Then, I left India and immigrated to Australia.
Regards,
Partho
From Saudi Arabia
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