can we terminate any employee as per terms of his appointment letter by paying him notice period ? if YES.. by which law / provision we can do so ?
From India, Mumbai
Acknowledge(0)
Amend(0)
1From India, Mumbai
Acknowledge(0)Amend(0)
Termination of Employees: Legal Considerations
You can terminate an employee by giving notice pay as per the contract of employment. However, if the employee to be terminated is a workman as defined by the Standing Order provisions and the Industrial Disputes Act, you should refer to those regulations. According to the ID Act, no workman shall be terminated without following Section 25F of the Act. There must be sufficient cause for such termination, and it can only be carried out after informing the Labour Officer. An establishment employing 100 or more workers should also obtain permission from the government before initiating such termination. However, for termination due to misconduct following the proper procedures, compliance with the ID Act is not required.
Regards, Madhu.T.K
From India, Kannur
Acknowledge(0)Amend(0)
You can terminate an employee by giving notice pay as per the contract of employment. However, if the employee to be terminated is a workman as defined by the Standing Order provisions and the Industrial Disputes Act, you should refer to those regulations. According to the ID Act, no workman shall be terminated without following Section 25F of the Act. There must be sufficient cause for such termination, and it can only be carried out after informing the Labour Officer. An establishment employing 100 or more workers should also obtain permission from the government before initiating such termination. However, for termination due to misconduct following the proper procedures, compliance with the ID Act is not required.
Regards, Madhu.T.K
From India, Kannur
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf
Appointment Letter.docx