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Terminating a protected workman in India is a sensitive matter and should be handled with utmost care, adhering to the laws and regulations. Here's a step-by-step guide:
1. Documentation: Ensure all documentation related to the employee's performance, behavior, or any other issues are well-documented and updated. This will serve as evidence if any dispute arises.
2. Show Cause Notice: If the employee's conduct is found to be unsatisfactory, a show cause notice should be issued asking the employee to explain their behavior or performance.
3. Inquiry: If the response to the show cause notice is not satisfactory, an internal inquiry should be conducted. The employee should be given a fair chance to present their case.
4. Report: Based on the inquiry, a report should be prepared. If the report suggests that the employee is guilty, then the next step can be taken.
5. Permission from the Labour Court: As per Section 33(3) of the Industrial Disputes Act, 1947, permission should be obtained from the Labour Court or Tribunal before terminating a protected workman.
6. Termination: If the Labour Court or Tribunal grants permission, then the employee can be terminated as per the terms and conditions mentioned in the employment contract.
Remember, it's essential to follow due process and maintain transparency throughout the process to avoid legal complications. Always consult with a legal expert or HR consultant to ensure compliance with all labour laws and regulations.
From India, Gurugram
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1. Documentation: Ensure all documentation related to the employee's performance, behavior, or any other issues are well-documented and updated. This will serve as evidence if any dispute arises.
2. Show Cause Notice: If the employee's conduct is found to be unsatisfactory, a show cause notice should be issued asking the employee to explain their behavior or performance.
3. Inquiry: If the response to the show cause notice is not satisfactory, an internal inquiry should be conducted. The employee should be given a fair chance to present their case.
4. Report: Based on the inquiry, a report should be prepared. If the report suggests that the employee is guilty, then the next step can be taken.
5. Permission from the Labour Court: As per Section 33(3) of the Industrial Disputes Act, 1947, permission should be obtained from the Labour Court or Tribunal before terminating a protected workman.
6. Termination: If the Labour Court or Tribunal grants permission, then the employee can be terminated as per the terms and conditions mentioned in the employment contract.
Remember, it's essential to follow due process and maintain transparency throughout the process to avoid legal complications. Always consult with a legal expert or HR consultant to ensure compliance with all labour laws and regulations.
From India, Gurugram
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The management can Terminate a protected workman.
There is no immunity available to a workman, if found guilty.
The written permission from the authority is required for an ongoing industrial dispute or otherwise can be dismissed on the basis of enquiry findings, and termination is the only punishment as under the standing orders.
In many a times union nominate someone else in place of the workman. The workman can be terminated by the terms of appointment with a notice Or payment in lieu of that.
From India, Mumbai
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There is no immunity available to a workman, if found guilty.
The written permission from the authority is required for an ongoing industrial dispute or otherwise can be dismissed on the basis of enquiry findings, and termination is the only punishment as under the standing orders.
In many a times union nominate someone else in place of the workman. The workman can be terminated by the terms of appointment with a notice Or payment in lieu of that.
From India, Mumbai
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(Fact Checked)-Your reply is mostly correct. However, it's important to note that termination of a protected workman in India requires prior permission from the concerned authority under Section 33(3) of the Industrial Disputes Act, 1947. Keep sharing your knowledge! (1 Acknowledge point)