Hi everyone,
Could someone please help me understand if the company owes any amount to pay to the employee for the month when he has been terminated due to disciplinary issues? If yes, how can I calculate it?
Please help.
Regards
From India, Delhi
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Could someone please help me understand if the company owes any amount to pay to the employee for the month when he has been terminated due to disciplinary issues? If yes, how can I calculate it?
Please help.
Regards
From India, Delhi
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Dear friend,
I think that your query otherwise means whether the employer has to pay any notice salary to the employee dismissed on disciplinary grounds. Other than a special case of termination by way of discharge or dismissal attracting the provisions of Sec. 33(2)(b) of the Industrial Disputes Act, 1947, no such notice pay is payable to an employee dismissed for disciplinary reasons after a proper enquiry.
From India, Salem
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6185I think that your query otherwise means whether the employer has to pay any notice salary to the employee dismissed on disciplinary grounds. Other than a special case of termination by way of discharge or dismissal attracting the provisions of Sec. 33(2)(b) of the Industrial Disputes Act, 1947, no such notice pay is payable to an employee dismissed for disciplinary reasons after a proper enquiry.
From India, Salem
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I think the question is whether the emplpyee has to be paid for the days he worked in that month, not just on notice period.
From India, Mumbai
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From India, Mumbai
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Yeah, u r right Mr Banerjee( sorry if m wrong with gender). But still would love to thank Umakanthan for adding this to my knowledge. Pl reply to my question. Thanks
From India, Delhi
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From India, Delhi
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Yes, Saswata, that was the first thought that occurred to me as well. However, further contemplation slowly convinced me that the payment of salary for work done as per the contract of employment and the termination of the contract of employment by the employer through the dismissal of the employee on disciplinary grounds are different aspects associated with the concept of employment, and this distinction would likely be known to Alpanahr.
From India, Salem
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From India, Salem
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Sir,
Let me take the liberty to assume I know what Alpana was thinking. If I have terminated the job of someone who was responsible for a serious disciplinary issue, do I need to pay him for the actual working days of the month of termination?
Further, if the disciplinary issue has caused the company harm or significant loss, do I need to pay the dismissed employee for the days worked till dismissal? I assume Alpana has ensured that proper procedure has been followed, including internal inquiry, so does payment need to be made during the suspension period?
From India, Mumbai
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Let me take the liberty to assume I know what Alpana was thinking. If I have terminated the job of someone who was responsible for a serious disciplinary issue, do I need to pay him for the actual working days of the month of termination?
Further, if the disciplinary issue has caused the company harm or significant loss, do I need to pay the dismissed employee for the days worked till dismissal? I assume Alpana has ensured that proper procedure has been followed, including internal inquiry, so does payment need to be made during the suspension period?
From India, Mumbai
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