Hello all,
Please give me a knowledge about the procedure of terminate a labour without notice.
please let me know,
a) what is penalty claim if we terminate a labour without notice
b) what is minimum period of notice to terminate a labour as per law
c) what we liable to pay to the labour if we receive a notice from labour court.
From India, Vadodara
Please give me a knowledge about the procedure of terminate a labour without notice.
please let me know,
a) what is penalty claim if we terminate a labour without notice
b) what is minimum period of notice to terminate a labour as per law
c) what we liable to pay to the labour if we receive a notice from labour court.
From India, Vadodara
Dear Ms. Unnati,
Greetings for the day:)
Answers for your queries are as follows:
a) There is no penalty if you terminate a Labour with a genuine and justifying reason who must have sufficient evidence for that.
b) Minimum Notice period should be as per the Contract Letter/ LOI/ Appointment letter. It may be a week, fortnight , month or 3 months etc. whatever is mentioned in the Contract Letter/ LOI/ Appointment letter.
c) firstly, you are not liable to pay as per the notice received to you and secondly, you can pay as per the terms and condition mentioned in Contract Letter/ LOI/ Appointment letter or you can challenge the amount given in notice if you think it is not fair.
**But you have not mentioned the details of termination made by you and under what circumstances so it might be possible that you have to pay as per notice if the complaint of labour is genuine. So for appropriate suggestion pls explain the situation
# I have replied only on the basis of common situation. It may differ from case to case accodring to details of each & every case. Please consult with your counsel before taking any action.
If ambiguity still persists feel free to contact the undersigned
From India, New Delhi
67Greetings for the day:)
Answers for your queries are as follows:
a) There is no penalty if you terminate a Labour with a genuine and justifying reason who must have sufficient evidence for that.
b) Minimum Notice period should be as per the Contract Letter/ LOI/ Appointment letter. It may be a week, fortnight , month or 3 months etc. whatever is mentioned in the Contract Letter/ LOI/ Appointment letter.
c) firstly, you are not liable to pay as per the notice received to you and secondly, you can pay as per the terms and condition mentioned in Contract Letter/ LOI/ Appointment letter or you can challenge the amount given in notice if you think it is not fair.
**But you have not mentioned the details of termination made by you and under what circumstances so it might be possible that you have to pay as per notice if the complaint of labour is genuine. So for appropriate suggestion pls explain the situation
# I have replied only on the basis of common situation. It may differ from case to case accodring to details of each & every case. Please consult with your counsel before taking any action.
If ambiguity still persists feel free to contact the undersigned
From India, New Delhi
Dear
I feel that the contract of service between labor and employer is governed by Industrial Employment Standing Orders Act, 1946 (SO) and no other agreement/loi can override the Standing Orders made between workmen and union.
If no such standing Order exists Model Standing Orders(MSO) are applicable in such case.
Answers
1. As per MSO/SO notice shall be given to permanent workmen in case of termination. Otherwise it ultravires SO and attracts section 13a1 ie the following penalty
"An employer who does any act in contravention of the standing orders finally certified under this Act for his industrial establishment shall be punishable with fine which may extend to one hundred rupees, and in the case of a continuing offence with a further fine which may extend to twenty-five rupees for every day after the first during which the offence continues."
2. As per MSO central rules notice is as follows:
"13. Termination of employment.--(1) For terminating employment of a permanent workmen, notice in writing shall be given either by the employer or the workmen - one month’s notice in the case of monthly-rated workmen and two weeks’ notice in the case of other workmen: one month’s or two week’s pay, as the case may be, may be paid in lieu of notice.
(2) No temporary workman whether monthly-rated, weekly-rated or piece-rated and no probationer or badli shall be entitled to any notice or pay in lieu thereof if his services are terminated ,but the services of a temporary workman shall not be terminated as a punishment unless he has been given an opportunity of explaining the charges of misconduct alleged against him in the manner prescribed in Paragraph 14.
(3) Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated."
3. If you terminate the service of the Labour other than as punishment then it comes as retrenchment as per ID Act, 1947. In such case the case may order you to pay the retrenchment compensation which equals 15 days of average salary for every completed year of continuous service along with the back wages and notice pay
regard
ravi
From United States
I feel that the contract of service between labor and employer is governed by Industrial Employment Standing Orders Act, 1946 (SO) and no other agreement/loi can override the Standing Orders made between workmen and union.
If no such standing Order exists Model Standing Orders(MSO) are applicable in such case.
Answers
1. As per MSO/SO notice shall be given to permanent workmen in case of termination. Otherwise it ultravires SO and attracts section 13a1 ie the following penalty
"An employer who does any act in contravention of the standing orders finally certified under this Act for his industrial establishment shall be punishable with fine which may extend to one hundred rupees, and in the case of a continuing offence with a further fine which may extend to twenty-five rupees for every day after the first during which the offence continues."
2. As per MSO central rules notice is as follows:
"13. Termination of employment.--(1) For terminating employment of a permanent workmen, notice in writing shall be given either by the employer or the workmen - one month’s notice in the case of monthly-rated workmen and two weeks’ notice in the case of other workmen: one month’s or two week’s pay, as the case may be, may be paid in lieu of notice.
(2) No temporary workman whether monthly-rated, weekly-rated or piece-rated and no probationer or badli shall be entitled to any notice or pay in lieu thereof if his services are terminated ,but the services of a temporary workman shall not be terminated as a punishment unless he has been given an opportunity of explaining the charges of misconduct alleged against him in the manner prescribed in Paragraph 14.
(3) Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated."
3. If you terminate the service of the Labour other than as punishment then it comes as retrenchment as per ID Act, 1947. In such case the case may order you to pay the retrenchment compensation which equals 15 days of average salary for every completed year of continuous service along with the back wages and notice pay
regard
ravi
From United States
Dear Mr Kapil Dev Singh,
Thanks for sharing your opinion, I have other issue here, I got termination from organisation on wrong remarks by my senoir to HR Deptt and after receiving termination letter without notice period, I asked clarified each and every point to MD and een i proofed the remarks is wrong then after 45 days, i received a mail from HR Deptt then your termination letter was revoked with immediate effect. Now problem is HR has mentioned that between this gap of 45 days, company is not ready to pay on the principal of no work no pay. but i am not wrong and company has accepted this by revoking my termination then why should i bear financial loss?
can you guide if company is not ready to pay 45 days salary then which act i can claim and what is the procedure? can you mail me details at
wait for reply soon....
From India, Mumbai
Thanks for sharing your opinion, I have other issue here, I got termination from organisation on wrong remarks by my senoir to HR Deptt and after receiving termination letter without notice period, I asked clarified each and every point to MD and een i proofed the remarks is wrong then after 45 days, i received a mail from HR Deptt then your termination letter was revoked with immediate effect. Now problem is HR has mentioned that between this gap of 45 days, company is not ready to pay on the principal of no work no pay. but i am not wrong and company has accepted this by revoking my termination then why should i bear financial loss?
can you guide if company is not ready to pay 45 days salary then which act i can claim and what is the procedure? can you mail me details at
wait for reply soon....
From India, Mumbai
Please go by Standing Orders as applicable and the misconduct be proved through principle of natural justice before the Disciplinary Authority takes a decision. The Industrial Tribunal / Labour Court if approached by the workman will decide in his favour in case of his dismissal without domestic enquiry.
(Rajiv Ranjan)
From India, Faridabad
(Rajiv Ranjan)
From India, Faridabad
My job offer was revoked after I started — and after I quit my job
A reader writes:
I was working with a Textile Company and received a job offer through them. I was informed by phone and corporate email that I’d been hired, with start date and start time. So, I have confirmed job through mail accept, would be quitting my current job, and would be able to start on the agreed start date, after my two-week’s notice.
I am join in company agreed joining date but his not giving me Joining letter around 30 days, when I am talk with HR person his told me his not inform to your “Branch head “officer . Then I am ask him to Branch head but his told me I am inform to HR process will done some days. So I am requesting to Head give me a confirmation mail through HR & then his mail me “we don’t need to join come back I” that’s why I am unemployed.
I am asking you this is a cheat & fraud case.Meanwhile, how I can claim for compensation?
New interviewers why I am unemployed?
Please reply
(Shyam Sawalapurkar)
From India
A reader writes:
I was working with a Textile Company and received a job offer through them. I was informed by phone and corporate email that I’d been hired, with start date and start time. So, I have confirmed job through mail accept, would be quitting my current job, and would be able to start on the agreed start date, after my two-week’s notice.
I am join in company agreed joining date but his not giving me Joining letter around 30 days, when I am talk with HR person his told me his not inform to your “Branch head “officer . Then I am ask him to Branch head but his told me I am inform to HR process will done some days. So I am requesting to Head give me a confirmation mail through HR & then his mail me “we don’t need to join come back I” that’s why I am unemployed.
I am asking you this is a cheat & fraud case.Meanwhile, how I can claim for compensation?
New interviewers why I am unemployed?
Please reply
(Shyam Sawalapurkar)
From India
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