If an employee working in Indian BPO company was terminated on grounds of indiscipline (wherein indiscipline means the person has misbehaved very badly with the superiors and co-workers - no illegal activities otherwise) and was subsequently given a termination letter for the same, is this employee entitled to any full and final settlement. if yes, then what is the employee eligible for and within what time should the settlement be? If the company denies any settlement of FNF, then can the employee go to court of law? if yes, then what is the normal course of action (in days or month or years) in which the verdict can come? if the verdict comes in the favor of employee, to what amount can the compensation amount that time may be that the company is liable to pay?
kindly help me on this regard...if possible please give me ref of cases where the verdict that you say where quoted. you can mail me also if you want at saikat.mkj@gmail.com
From India, Kolkata
kindly help me on this regard...if possible please give me ref of cases where the verdict that you say where quoted. you can mail me also if you want at saikat.mkj@gmail.com
From India, Kolkata
sikat.mkj,
If the employee has misbehaved with the superiors then company must conduct the domestic enquiry and award suitable punishment. Termination without conducting the domestic enquiry is illegal. This verdict has been given by various high courts 'n' number of times.
If the employee is terminated, he/she is eligible to get the remuneration till his/her last working day under the provisions of Shops and Establishment Act as well as Payment of Wages Act.
If the employee feels that the termination of the employment is unfair then the aggrieved employee may approach the labour officer of the area where his/her company is located. Employee has to provide evidence of his/her employment and put up application of his/her grievance. Depending on the merits of the case, Labour Officer may issue notice to the company to present their view point. Labour Officer may give verdict on either side. However, it is not binding on the company.
If the verdict favours the employee, and if the company does not abide with it then aggrieved employee is free to approach the labour court.
This is how labour issues are handled.
Thanks,
Dinesh Divekar
From India, Bangalore
7883If the employee has misbehaved with the superiors then company must conduct the domestic enquiry and award suitable punishment. Termination without conducting the domestic enquiry is illegal. This verdict has been given by various high courts 'n' number of times.
If the employee is terminated, he/she is eligible to get the remuneration till his/her last working day under the provisions of Shops and Establishment Act as well as Payment of Wages Act.
If the employee feels that the termination of the employment is unfair then the aggrieved employee may approach the labour officer of the area where his/her company is located. Employee has to provide evidence of his/her employment and put up application of his/her grievance. Depending on the merits of the case, Labour Officer may issue notice to the company to present their view point. Labour Officer may give verdict on either side. However, it is not binding on the company.
If the verdict favours the employee, and if the company does not abide with it then aggrieved employee is free to approach the labour court.
This is how labour issues are handled.
Thanks,
Dinesh Divekar
From India, Bangalore
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Termination-emp loyment_563.pdf
Termination letter.doc