Hi All i am satvika working as HR gernalist in a software compay
I have few questions around this law of termination which worries me a lot
As per my knowledge if company terminates an employee the company should pay employee some amount for his existance
1Q: Either the company should pay one month salary or the notice period?? for instance say the notice is for 2 months then the company has to pay for 2 months/1month is my question
2Q: Can company terminate an employee without paying the termination amount?? in case if company do so can the employee suit a case on the company??
3Q: Can Employee be terminated at any point of time without pay like under probation or after probation??
i have all these questions as in my company employees got terminated without pay some r under probation and some of them completed there probation and worked for more than a year
i argued with them to pay them the notice amount but nothing gud done from the employees.
According to our appointment letter the clause is like this
Termination of Employment
8.1 This employment may be terminated by either party by giving sixty days notice during the probationary period as well as after confirmation. While the company reserves the right to release you upon your resignation prior to conclusion of your notice period without paying notice pay for the balance notice period, notice pay in lieu of notice is acceptable only on approval from your Manager Operations & Senior Managers – Human Resources.
8.2 Notwithstanding clause 8.1, the Company may terminate your employment without notice in the event of serious misconduct by you or your repeated failure to provide your assigned duties.
Please clear my doubts
Regards,
Satvika
From India, Hyderabad
8I have few questions around this law of termination which worries me a lot
As per my knowledge if company terminates an employee the company should pay employee some amount for his existance
1Q: Either the company should pay one month salary or the notice period?? for instance say the notice is for 2 months then the company has to pay for 2 months/1month is my question
2Q: Can company terminate an employee without paying the termination amount?? in case if company do so can the employee suit a case on the company??
3Q: Can Employee be terminated at any point of time without pay like under probation or after probation??
i have all these questions as in my company employees got terminated without pay some r under probation and some of them completed there probation and worked for more than a year
i argued with them to pay them the notice amount but nothing gud done from the employees.
According to our appointment letter the clause is like this
Termination of Employment
8.1 This employment may be terminated by either party by giving sixty days notice during the probationary period as well as after confirmation. While the company reserves the right to release you upon your resignation prior to conclusion of your notice period without paying notice pay for the balance notice period, notice pay in lieu of notice is acceptable only on approval from your Manager Operations & Senior Managers – Human Resources.
8.2 Notwithstanding clause 8.1, the Company may terminate your employment without notice in the event of serious misconduct by you or your repeated failure to provide your assigned duties.
Please clear my doubts
Regards,
Satvika
From India, Hyderabad
Satvika,
Why are they terminated? I can give you answer based on your input to this question..
If there are no reasons for termination,then your company should abide by the clause 8.1 referred in the appointment letter, wherin, the pay for 60 days should be made.
Regards
From India, Delhi
Why are they terminated? I can give you answer based on your input to this question..
If there are no reasons for termination,then your company should abide by the clause 8.1 referred in the appointment letter, wherin, the pay for 60 days should be made.
Regards
From India, Delhi
1Q: Either the company should pay one month salary or the notice period?? for instance say the notice is for 2 months then the company has to pay for 2 months/1month is my question
A: If this clause is there in your appointment letter then yes you have to pay to the employee. Either you will have to give the employee 2 months notice or give him 2 months salary incase immediate termination is there.
2Q: Can company terminate an employee without paying the termination amount?? in case if company do so can the employee suit a case on the company??
A: It depends on the employees nature how he reacts. But as per the clause in the appointment letter it would be leagally wrong to terminate the employee without paying.
3Q: Can Employee be terminated at any point of time without pay like under probation or after probation??
A: First you need to have a proper reason to terminate the employee either under probation or not. Yes during probation you need not pay the amount. But if he is confirmed you need to legally conduct a domestic enquiry against him and if he is found guilty only then u can terminate him.
Chitra
From India, Mumbai
A: If this clause is there in your appointment letter then yes you have to pay to the employee. Either you will have to give the employee 2 months notice or give him 2 months salary incase immediate termination is there.
2Q: Can company terminate an employee without paying the termination amount?? in case if company do so can the employee suit a case on the company??
A: It depends on the employees nature how he reacts. But as per the clause in the appointment letter it would be leagally wrong to terminate the employee without paying.
3Q: Can Employee be terminated at any point of time without pay like under probation or after probation??
A: First you need to have a proper reason to terminate the employee either under probation or not. Yes during probation you need not pay the amount. But if he is confirmed you need to legally conduct a domestic enquiry against him and if he is found guilty only then u can terminate him.
Chitra
From India, Mumbai
Hi Satvika, Pls see pointwise reply in bold below :
1Q: Either the company should pay one month salary or the notice period?? for instance say the notice is for 2 months then the company has to pay for 2 months/1month is my question. Every organization has to abide as per the terms of its appointment letter. Company has to pay notice salary or allow an employee to serve his/her notice period as per the terms of his/her employment i.e 30 days or 60 days as the case may be. In your case the organization should pay atleast 60 day's notice salary.
2Q: Can company terminate an employee without paying the termination amount?? in case if company do so can the employee suit a case on the company?? Having said that, if such termination is on grounds of Fraud, Intergrity voilation, mis-behaviour, sexual abuse, or any other similar offence and organization has got sufficient documnetary evidences to prove it, the employer is under no obliogation to pay any notice salary. Termination in cases, other than mentioned above, require a proper departmental enquiry, preparation of charge sheet and then case hearing and finally taking a call. It is a very lengthy process and gives an opportunity to the employee to escape even if he is guilty.
3Q: Can Employee be terminated at any point of time without pay like under probation or after probation?? Every appointment letter has got a cluase to cover the notice period during and after probationary period. As clarified earlier, it has to be paid as per the clause only.
We all need to understand that Termination is a very sensitive affair and we need to be dead sure before start our proceedings. It is advisable to ask employee to resign or tell him that he would be serving his notice period till a specific date, instead of issuing a termination letter. My experience says, if you do so, half of the employees would already find a new job during such period. This would save an employer to fall into a legal trap.
Hope this would help to some extent.
From India, Mumbai
1Q: Either the company should pay one month salary or the notice period?? for instance say the notice is for 2 months then the company has to pay for 2 months/1month is my question. Every organization has to abide as per the terms of its appointment letter. Company has to pay notice salary or allow an employee to serve his/her notice period as per the terms of his/her employment i.e 30 days or 60 days as the case may be. In your case the organization should pay atleast 60 day's notice salary.
2Q: Can company terminate an employee without paying the termination amount?? in case if company do so can the employee suit a case on the company?? Having said that, if such termination is on grounds of Fraud, Intergrity voilation, mis-behaviour, sexual abuse, or any other similar offence and organization has got sufficient documnetary evidences to prove it, the employer is under no obliogation to pay any notice salary. Termination in cases, other than mentioned above, require a proper departmental enquiry, preparation of charge sheet and then case hearing and finally taking a call. It is a very lengthy process and gives an opportunity to the employee to escape even if he is guilty.
3Q: Can Employee be terminated at any point of time without pay like under probation or after probation?? Every appointment letter has got a cluase to cover the notice period during and after probationary period. As clarified earlier, it has to be paid as per the clause only.
We all need to understand that Termination is a very sensitive affair and we need to be dead sure before start our proceedings. It is advisable to ask employee to resign or tell him that he would be serving his notice period till a specific date, instead of issuing a termination letter. My experience says, if you do so, half of the employees would already find a new job during such period. This would save an employer to fall into a legal trap.
Hope this would help to some extent.
From India, Mumbai
Hi All,
Thanks for reponding to my query :lol: and gave a clear picture about the termination clause/law.
In my company the employees are terminated based on their performance issues and the top management gave no intimation to the employees a month before not atlease a week also :huh: neither they are paid for the notice. But they were been given a resignation and service certificate as that we formally do for an employee who resigns. they have not issed a termination letter.
Regards
Satvika
From India, Hyderabad
Thanks for reponding to my query :lol: and gave a clear picture about the termination clause/law.
In my company the employees are terminated based on their performance issues and the top management gave no intimation to the employees a month before not atlease a week also :huh: neither they are paid for the notice. But they were been given a resignation and service certificate as that we formally do for an employee who resigns. they have not issed a termination letter.
Regards
Satvika
From India, Hyderabad
Hi Everyone ,
Can anyone pls help me in above mention matter???????
My question is:
If a company terminate any employee without any notice period and don't pay for the notice period than what action should be done by the employee?????
Is there any particular law or any place where the employee can register his complain agains the company???????
Pls reply bcoz it happened with my friend the company refused to pay his whole incentive and salary for notice period which he wanted to serve but ..
in his full & final settelment sheet the company mentioned that notice period waived by him so he is not able to get pay for notice period which is totally untrue.
Regards,
@rchana:confused:
From India, Delhi
Can anyone pls help me in above mention matter???????
My question is:
If a company terminate any employee without any notice period and don't pay for the notice period than what action should be done by the employee?????
Is there any particular law or any place where the employee can register his complain agains the company???????
Pls reply bcoz it happened with my friend the company refused to pay his whole incentive and salary for notice period which he wanted to serve but ..
in his full & final settelment sheet the company mentioned that notice period waived by him so he is not able to get pay for notice period which is totally untrue.
Regards,
@rchana:confused:
From India, Delhi
Hi Archana,
Please be informed that your company is not liable to pay any amount to the terminated employees.
As sad as it sounds but the company was very smart to mention the clause and a sub clause where it enables them from not paying any termination pay also in case of a lawsuit they are protected again because the employee has signed the document and also they can mention that the "approval from your Manager Operations & Senior Managers – Human Resources." either of the peron has denied the payment based on performance issues since it is on this basis that the employees were fired.
Also please note that the only thing that be contested in court is this rule which is unjust from the employees point of view, for this your collegues have to consult a lawyer. And once the rule has been termed void the company will be forced to pay all the employees.
By rule I mean clause 8.1,8.2 in employee employer agreement.
Regards,
AJ
From India, Thana
Please be informed that your company is not liable to pay any amount to the terminated employees.
As sad as it sounds but the company was very smart to mention the clause and a sub clause where it enables them from not paying any termination pay also in case of a lawsuit they are protected again because the employee has signed the document and also they can mention that the "approval from your Manager Operations & Senior Managers – Human Resources." either of the peron has denied the payment based on performance issues since it is on this basis that the employees were fired.
Also please note that the only thing that be contested in court is this rule which is unjust from the employees point of view, for this your collegues have to consult a lawyer. And once the rule has been termed void the company will be forced to pay all the employees.
By rule I mean clause 8.1,8.2 in employee employer agreement.
Regards,
AJ
From India, Thana
Hi Archana,
Regarding your second query.
Your friend can definitely file a civil suite against the company and win it if he has written proof of what he claims to be true. For eg: a letter stating by the company that he doesnt have to serve his notice period.
In case its just a word that he is relying on before taking legal options and if the company rejects his claims then he needs at least two reliable witnesses who would claim during a civil suite that what your friend says is true.
In any other case there is no point in pursuing this issue further since the employer has been so dishonest he can go to any extent, there are a lot of employers with very less moral values.
The only other option is put it up in the net or across to newspapers regarding what the employer has done and naming the employer.
Regards,
AJ
From India, Thana
Regarding your second query.
Your friend can definitely file a civil suite against the company and win it if he has written proof of what he claims to be true. For eg: a letter stating by the company that he doesnt have to serve his notice period.
In case its just a word that he is relying on before taking legal options and if the company rejects his claims then he needs at least two reliable witnesses who would claim during a civil suite that what your friend says is true.
In any other case there is no point in pursuing this issue further since the employer has been so dishonest he can go to any extent, there are a lot of employers with very less moral values.
The only other option is put it up in the net or across to newspapers regarding what the employer has done and naming the employer.
Regards,
AJ
From India, Thana
Miss archana
termination without any reason is illegal,provided it is done within frame work of standing orders of company.
if the employee comes under workman category, he cannot be terminated unless a formal enquiry is done and an opportunity is provided for him to pronounce his opinion.
The ID act 1948 has gort clear stands on this.
check for the category of industry, whether factories/industries act applies or not.
then only clear stands can be jusified
regards
keshava prasad
From India, Bangalore
termination without any reason is illegal,provided it is done within frame work of standing orders of company.
if the employee comes under workman category, he cannot be terminated unless a formal enquiry is done and an opportunity is provided for him to pronounce his opinion.
The ID act 1948 has gort clear stands on this.
check for the category of industry, whether factories/industries act applies or not.
then only clear stands can be jusified
regards
keshava prasad
From India, Bangalore
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