Please suggest what to do about legal action before termination of two month notice period?
From India, Patna
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From India, Patna
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Dear Yas@Cite.Co,
You have not provided sufficient information about your query. What is the context? Why do you wish to terminate an employee? Has he/she been involved in misconduct of a serious nature, or is it to satisfy the whim of the top boss?
If the employee is involved in serious misconduct, have you received a formal complaint from the HOD? If not from the HOD, have you received a complaint from auditors or the Finance Department?
If a complaint is received, then depending on the merits of the cause, you may order the domestic enquiry. Make sure that the enquiry proceeds according to the law, and there should not be any loopholes. Give the accused a chance to defend his/her case. Please ensure that the accused is not made a target. The Enquiry Officer (EO) must investigate the incident and not the person. The EO must conduct the enquiry only, and he/she has no right to recommend any punishment. The EO must investigate whether the incident happened due to the absence of proper guidelines, rules, regulations, SOPs, etc.
Based on the enquiry report, the management may decide whether to terminate the employee or not. However, the punishment of termination is of the highest order and should be awarded in the rarest of the rare cases.
Thanks,
Dinesh Divekar
From India, Bangalore
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8072You have not provided sufficient information about your query. What is the context? Why do you wish to terminate an employee? Has he/she been involved in misconduct of a serious nature, or is it to satisfy the whim of the top boss?
If the employee is involved in serious misconduct, have you received a formal complaint from the HOD? If not from the HOD, have you received a complaint from auditors or the Finance Department?
If a complaint is received, then depending on the merits of the cause, you may order the domestic enquiry. Make sure that the enquiry proceeds according to the law, and there should not be any loopholes. Give the accused a chance to defend his/her case. Please ensure that the accused is not made a target. The Enquiry Officer (EO) must investigate the incident and not the person. The EO must conduct the enquiry only, and he/she has no right to recommend any punishment. The EO must investigate whether the incident happened due to the absence of proper guidelines, rules, regulations, SOPs, etc.
Based on the enquiry report, the management may decide whether to terminate the employee or not. However, the punishment of termination is of the highest order and should be awarded in the rarest of the rare cases.
Thanks,
Dinesh Divekar
From India, Bangalore
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Mr. Dinesh Divakar has rightly pointed out that your information is inadequate to suggest any remedy. You should provide the copy of the appointment and termination letter to receive appropriate suggestions from the members.
There is no legal option available for either party; the employer can terminate with notice, and the employee can resign by giving notice as per the terms of the appointment. Still, options are available in the absence of proper grounds in the action.
Now, you should consult a legal consultant who specializes in labor matters to understand the options available to you.
From India, Mumbai
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There is no legal option available for either party; the employer can terminate with notice, and the employee can resign by giving notice as per the terms of the appointment. Still, options are available in the absence of proper grounds in the action.
Now, you should consult a legal consultant who specializes in labor matters to understand the options available to you.
From India, Mumbai
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Legal Notice for Breach of Notice Period .docx
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