Will there be any legal issue if we provide terminate an employee for refusal to accept the new updated training policy (work 3 years or pay penalty of 1,00,000)" after availing the trainings
From India, Bengaluru
From India, Bengaluru
Will there be any legal issue if we provide terminate an employee for refusal to accept the new updated training policy (work 3 years or pay penalty of 1,00,000)" after availing the trainings
From India, Bengaluru
From India, Bengaluru
Hi,
Strictly speaking whatever terms and conditions agreed mutually between employer and employee at the time joining alone will bind the employee and you cannot force the employee to accept unrealistic interim amendments in employment terms. The right process is make it applicable to the future new joiners and not the existing employees.
If employee fails to accepts revised terms better collect resignation close rather than using termination option. You cannot terminate the employee on the above grounds also.
From India, Madras
948Strictly speaking whatever terms and conditions agreed mutually between employer and employee at the time joining alone will bind the employee and you cannot force the employee to accept unrealistic interim amendments in employment terms. The right process is make it applicable to the future new joiners and not the existing employees.
If employee fails to accepts revised terms better collect resignation close rather than using termination option. You cannot terminate the employee on the above grounds also.
From India, Madras
Did you put the conditions before the training and now he is refusing to follow it?
Or did you bring the conditions after he finished the training?
You can not impose conditions as an afterthought.
If you had conditions and he refused to accept, then he should not have been given the training
From India, Mumbai
Or did you bring the conditions after he finished the training?
You can not impose conditions as an afterthought.
If you had conditions and he refused to accept, then he should not have been given the training
From India, Mumbai
Can you clarify the following aspects?
What is the type of your establishment and determine what are the acts apply to your firm to deal with the issue.
Did the employee concerned already complete the stipulated training or he yet to undergo the training.
Is it necessary that an employee accept the training policy, is there any service condition states this as a prerequisite ?
Why he is refusing to accept the revised policy, how does the revised policy impact the interests of the employees, any major issue has been added newly?
In any case, you may not be able to hand down a 'capital punishment' of termination considering the degree of the 'indiscipline'.
It's necessary that you should initiate a 'departmental inquiry' to go into the indiscipline following legal procedures before taking any action as being thought of.
From India, Bangalore
What is the type of your establishment and determine what are the acts apply to your firm to deal with the issue.
Did the employee concerned already complete the stipulated training or he yet to undergo the training.
Is it necessary that an employee accept the training policy, is there any service condition states this as a prerequisite ?
Why he is refusing to accept the revised policy, how does the revised policy impact the interests of the employees, any major issue has been added newly?
In any case, you may not be able to hand down a 'capital punishment' of termination considering the degree of the 'indiscipline'.
It's necessary that you should initiate a 'departmental inquiry' to go into the indiscipline following legal procedures before taking any action as being thought of.
From India, Bangalore
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