Dear Friends,

Good morning,

I want to know how to terminate the labor contract due to a theft case. The employee has been caught 2 or 3 times in theft cases. Now, my company wants to terminate that contract. What is the process to terminate the contract immediately?

Thanks & Regards,
Bijender

From India, Delhi
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After investigation process, and if you have enough proof and witnesses then you can terminate the staff immediately.
From Philippines, Quezon City
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You want to terminate the contract/agreement or the specific worker through a contractor?

If you want to terminate the agreement according to the terms and conditions set out in the agreement, you can do so. After the termination of the contract, the employment of workers through such a contractor automatically comes to an end. However, before that, you must ensure that all payments/wages or other benefits should be paid by the contractor to these workers. Otherwise, they can create an industrial dispute for non-payment of wages, etc. Before the full and final settlement of the vendors, you need to ensure all statutory compliance documents from the vendor regarding the workers who worked under this agreement.

In the second case, if you want to terminate the service of a particular worker involved in theft cases, strictly do not do it on your own as he is not your employee but the contractor's employee. Ask the contractor to file an FIR against the worker, take disciplinary action, and after due legal process, the contractor needs to discharge him from his service. As the principal employer, you should not be directly involved. Let the contractor handle the situation.

Regards,

advsanjaymalik@gmail.com

From India, Delhi
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Hi,

Termination of a contract will require the abidance of terms referred to in the agreement by both parties. The contractor must be handled with confidence and smoothly departed, as a direct decision may provoke an industrial dispute. Ensure that all terms and conditions regarding statutory compliances towards contractual employees are meticulously fulfilled and followed from the principal employer's end. Simultaneously, the contractor must provide documentary proof of compliance being meticulously followed. Contractual workers should receive their full and final payments from your end.

Under no circumstances should a decision be made that adversely affects other employees and the company as a whole; however, the termination process should be smooth and amicable.

Thanks,
Bijay

From India, Vadodara
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