Hi All
If I understand correctly, there are a few legalities a company must perform before it can legally hope to terminate an employee:-
a) It must file a chargesheet against the employee;
b) It must form a panel of Investigation, and the employee in consideration has a say in the panel formation;
c) It must file the case in a Labour Court.
And it is upto the Labour Court wether it decided to Terminate or Retain the employee....and generally the decision goes against the company, and in favour of the employee.
Is that correct? And are there any other legalities that a company must abide by to ensure that the Termination procedure is legal, apart from the above mentioned 3 points?
Give your valuable inputs please.
Regards,
Brandon
From India, Calcutta
4If I understand correctly, there are a few legalities a company must perform before it can legally hope to terminate an employee:-
a) It must file a chargesheet against the employee;
b) It must form a panel of Investigation, and the employee in consideration has a say in the panel formation;
c) It must file the case in a Labour Court.
And it is upto the Labour Court wether it decided to Terminate or Retain the employee....and generally the decision goes against the company, and in favour of the employee.
Is that correct? And are there any other legalities that a company must abide by to ensure that the Termination procedure is legal, apart from the above mentioned 3 points?
Give your valuable inputs please.
Regards,
Brandon
From India, Calcutta
Procedure for termination:
There should be an act of misconduct under applicable standing orders.
There should a charge sheet
Issue Show cause Notice asking explanation as why his service cannot be terminated for the alleged misconduct.
If the explanation is not satisfactory, then initiate enquiry through a neutral body.
Based on the enquiry report finding, take appropriate action.
Ensure the principle of natural justice prevails.
Ensure the notice pay/compensation is paid under Sec. 25 F of ID Act
Employer need not go to court at this stage. It is the deliquint employee has to prove he has not committed misconduct or the Employer's allegation is false, baseless and malafide intention.
You may need to produce evidence/counter evidence at the court if required. Aslo the the past record of the CSE is useful for further corroborating the misconduct.
Hope it is clear,
From India, Mumbai
There should be an act of misconduct under applicable standing orders.
There should a charge sheet
Issue Show cause Notice asking explanation as why his service cannot be terminated for the alleged misconduct.
If the explanation is not satisfactory, then initiate enquiry through a neutral body.
Based on the enquiry report finding, take appropriate action.
Ensure the principle of natural justice prevails.
Ensure the notice pay/compensation is paid under Sec. 25 F of ID Act
Employer need not go to court at this stage. It is the deliquint employee has to prove he has not committed misconduct or the Employer's allegation is false, baseless and malafide intention.
You may need to produce evidence/counter evidence at the court if required. Aslo the the past record of the CSE is useful for further corroborating the misconduct.
Hope it is clear,
From India, Mumbai
I heard that in some exceptional cases, if any worker committed misconduct and the charges are grave in nature, he may be dismissed without giving any Charge sheet / Show cause notice. (justifying the action in the dismissal order stating that he is threatening the witnesses, hence we will lead the enquiry proceedings in the competent court).
Please clarify anybody.
From India, Hyderabad
Please clarify anybody.
From India, Hyderabad
Hello,
May I know what should be the duration for investigation on misconduct? Like, the maximum days in which the investigation has to be completed.
Also, I found that the time to be given to an employee to respond to the notice is 7 days maximum. Is this applicable now? During the investigation the employee will not be given access to company properties and information right?
Thanks in advance :)
Radhika
From India, Kochi
May I know what should be the duration for investigation on misconduct? Like, the maximum days in which the investigation has to be completed.
Also, I found that the time to be given to an employee to respond to the notice is 7 days maximum. Is this applicable now? During the investigation the employee will not be given access to company properties and information right?
Thanks in advance :)
Radhika
From India, Kochi
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Termination-emp loyment_563.pdf
Termination letter.doc