Hi,
We have an employee who had some issues with the management and wants to leave the company.
Will it attract any legal consequences if the management decides to terminate the employee , not considering this resignation .
Regards,
Neethu
From India, Bangalore
We have an employee who had some issues with the management and wants to leave the company.
Will it attract any legal consequences if the management decides to terminate the employee , not considering this resignation .
Regards,
Neethu
From India, Bangalore
Hi Friends,
What I feel is that when you hire any employee as an employer, there is an employment contract. Under any contract the termination is by notice from either side. You can also terminate the contract on breach of any terms and conditions of contract. Going by this, I don't find any problem if you give prior notice to your employee and terminate the contract.
Experts can give their views and enlighten us.
Regards
CS Mukesh Tank
From India, Mumbai
18What I feel is that when you hire any employee as an employer, there is an employment contract. Under any contract the termination is by notice from either side. You can also terminate the contract on breach of any terms and conditions of contract. Going by this, I don't find any problem if you give prior notice to your employee and terminate the contract.
Experts can give their views and enlighten us.
Regards
CS Mukesh Tank
From India, Mumbai
Hi Neethu, Definitely management may face some legal consequences for the same. Becoz termination is also led to legal complications for the co. So, plz think before do the same. Rgds
From India, Mumbai
From India, Mumbai
HI FRIEND I ALSO AGREE WITH bhagwan_07 so think before u take any action Regards, Virendra
From India, Ahmadabad
From India, Ahmadabad
Hello Neethu,
You haven't mentioned what those "some issues with the management" were.
Your next course of action would depend A LOT on those issues & the reasons thereof.
If they were difference of opinions, then the company wouldn't be right in termination, just because they have the 'power' to do so.
If the 'issues' were related to indiscipline, insubordination, theft & any such causes, first of all you need to be clear if YOUR DEFINITION of those terms are standard or something that suits your company alone [such things do happen frequently].
In short, go that way [of terminating him] ONLY AS THE LAST RESORT. In all such situations, Newton's Law applies: every action has an equal & opposite reaction--whether 'equal' or not under such situations, I am not so sure, but I won't be surprised if it does.
In a lighter vein, if your Company's Legal Advisor doesn't have lot of work to do & you want to create some work for him/her [after all, he/she handles all the court activities & you must be paying some retainer fees], then pl go ahead by terminating the employee.
Rgds,
TS
From India, Hyderabad
You haven't mentioned what those "some issues with the management" were.
Your next course of action would depend A LOT on those issues & the reasons thereof.
If they were difference of opinions, then the company wouldn't be right in termination, just because they have the 'power' to do so.
If the 'issues' were related to indiscipline, insubordination, theft & any such causes, first of all you need to be clear if YOUR DEFINITION of those terms are standard or something that suits your company alone [such things do happen frequently].
In short, go that way [of terminating him] ONLY AS THE LAST RESORT. In all such situations, Newton's Law applies: every action has an equal & opposite reaction--whether 'equal' or not under such situations, I am not so sure, but I won't be surprised if it does.
In a lighter vein, if your Company's Legal Advisor doesn't have lot of work to do & you want to create some work for him/her [after all, he/she handles all the court activities & you must be paying some retainer fees], then pl go ahead by terminating the employee.
Rgds,
TS
From India, Hyderabad
Dear Friend,
In case where employee comes under the definition of Worker under ID Act the procedure as laid sown under Standing Orders Act to be followed.
In case where employee is not coming under the definition of Worker under ID Act then the terms under termination clause as mentioned under the Appointment Letter to be followed.
Regards
From India, Vadodara
In case where employee comes under the definition of Worker under ID Act the procedure as laid sown under Standing Orders Act to be followed.
In case where employee is not coming under the definition of Worker under ID Act then the terms under termination clause as mentioned under the Appointment Letter to be followed.
Regards
From India, Vadodara
Dear Friends,
I do agree with Mr. Kuljit Pal Singh's view. If the employees are worker coming under the perview of 2-S of the ID Act, you cannot terminate them. You have to follow the proceedures systematically as per your standing orders.
In respect of Managerial, supervisory staff - if it is covered under their appointment letter clause as follow" The Management has got the right to terminate your service without assigning any reason with one month's notice or one month's salary in lieu of notice" you can invoke this clause and terminate their service. But, make sure that they are not doing any manual work as that of workmen. They should have some powers such as sanctioning of OT, leave, permission, they are supervising the work of his subordinate under them, they are decision makers in their department etc. Even if they cannot raise dispute under ID Act, they can raise the dispute in civil courts for compensation. Recently we invoked such clause of appointment order of our supervisory staff and terminated their service. Recently the Hon'ble High Court of Karnataka in the case of Vishakantaiah T.N. Vs. The Management of Petro Chemicals Ltd., held the supervisor cannot be termed as a workman within the deifinition of Section 2(s) of the ID Act. - ILR 2004 KAR 48.
G.K.Manjunath
Manager-HR
From India, Bangalore
I do agree with Mr. Kuljit Pal Singh's view. If the employees are worker coming under the perview of 2-S of the ID Act, you cannot terminate them. You have to follow the proceedures systematically as per your standing orders.
In respect of Managerial, supervisory staff - if it is covered under their appointment letter clause as follow" The Management has got the right to terminate your service without assigning any reason with one month's notice or one month's salary in lieu of notice" you can invoke this clause and terminate their service. But, make sure that they are not doing any manual work as that of workmen. They should have some powers such as sanctioning of OT, leave, permission, they are supervising the work of his subordinate under them, they are decision makers in their department etc. Even if they cannot raise dispute under ID Act, they can raise the dispute in civil courts for compensation. Recently we invoked such clause of appointment order of our supervisory staff and terminated their service. Recently the Hon'ble High Court of Karnataka in the case of Vishakantaiah T.N. Vs. The Management of Petro Chemicals Ltd., held the supervisor cannot be termed as a workman within the deifinition of Section 2(s) of the ID Act. - ILR 2004 KAR 48.
G.K.Manjunath
Manager-HR
From India, Bangalore
Dear Neethu,
When the employee wants to leave the organization, why do you want to terminate his/her services.
Just ask him to submit his resignation, accept it and relieve the employee ASAP.
Yes, if the employee qualifies to be a Workman under the ID Act, he can cause some bit of embarassment to the management.
Best Wishes,
Vasant Nair
From India, Mumbai
When the employee wants to leave the organization, why do you want to terminate his/her services.
Just ask him to submit his resignation, accept it and relieve the employee ASAP.
Yes, if the employee qualifies to be a Workman under the ID Act, he can cause some bit of embarassment to the management.
Best Wishes,
Vasant Nair
From India, Mumbai
Dear
You said, he has put in his "resignation", means he wants to disassociate himself with your organization, right? You should simply accept and send him off, whatever may the the reason, whether misunderstanding with the boss, indicipline, etc.
By doing so, you are very safe than terminating him. Once you terminate him, he can approach labour machinery, which will boomarang on you.
Even if you want to terminate him due to theft, misappropriation, etc. ask him to submit resignation. Collect the money (which he had swindled) and make him go. [When an employee in our oragnization did so, we wrote to his own brother and conveyed that we will be approaching police, if the money is not returned. His brother paid the money and settled the issue; we relieved him based on his resignation letter). Therefore, think.
Balaji
From India, Madras
You said, he has put in his "resignation", means he wants to disassociate himself with your organization, right? You should simply accept and send him off, whatever may the the reason, whether misunderstanding with the boss, indicipline, etc.
By doing so, you are very safe than terminating him. Once you terminate him, he can approach labour machinery, which will boomarang on you.
Even if you want to terminate him due to theft, misappropriation, etc. ask him to submit resignation. Collect the money (which he had swindled) and make him go. [When an employee in our oragnization did so, we wrote to his own brother and conveyed that we will be approaching police, if the money is not returned. His brother paid the money and settled the issue; we relieved him based on his resignation letter). Therefore, think.
Balaji
From India, Madras
sub: Legal consequences of terminating an employee
Dear friends ,
When the employee wants to leave the organization, why do you want to terminate his/her services.
Just ask him to submit his resignation, accept it and relieve the employee ASAP.
Note :
if employee is confirmed in the company , then you can not terminate of the employee. if the company wants terminate of employee , then company will compensate for the employee.
retrenchment termination will calculated on the basis.
1. salary of month
2. bonus
3. gratuity if any
4.notice period according to A p letter.
5. compensation, it wil calculated as - 15 days basic salary * no. of completed years.
From India, Delhi
Dear friends ,
When the employee wants to leave the organization, why do you want to terminate his/her services.
Just ask him to submit his resignation, accept it and relieve the employee ASAP.
Note :
if employee is confirmed in the company , then you can not terminate of the employee. if the company wants terminate of employee , then company will compensate for the employee.
retrenchment termination will calculated on the basis.
1. salary of month
2. bonus
3. gratuity if any
4.notice period according to A p letter.
5. compensation, it wil calculated as - 15 days basic salary * no. of completed years.
From India, Delhi
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