Dear Sir,
I work in a manufacturing concern. and i want to know one thing and that is what are the repercussions a company has to face if they terminate an employee with immediate effect. does the company should have any justification for this. and if yes are they bound to pay 2 months salary to the employee. Kindly clarify.
Regards,
Nandini
From India, Hyderabad
2I work in a manufacturing concern. and i want to know one thing and that is what are the repercussions a company has to face if they terminate an employee with immediate effect. does the company should have any justification for this. and if yes are they bound to pay 2 months salary to the employee. Kindly clarify.
Regards,
Nandini
From India, Hyderabad
It depends on the circumstances of the case. If an employee on probation is asked to go without prior notice nothing will happen and the co workers cannot agitate on the issue, whereas if a confirmed employee is asked to go without reasons, without giving him an opportunity to be heard on the charges levelled against him and without offering him terminal benefits, the matter will become serious. This also will depend upon the employee terminated and the strength of the Trade Union. In case of termination on a charge of an offence involving moral turpitude for which there is solid evidence against the employee, the chances of trade union raising a dispute is also very rare. Therefore, the repercussions of termination depends on the issues behind it. The members will be able to advise you only we we get an idea about your organisation, the attitude of the Union and the charges resulting in termination. Please elaborate.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
Sir,
The employee is being terminated for non performance. he was issued a memo once and also was put under observation due his non performance. so can we terminate him on basis of non performance.. Kindly help me with this issue.
From India, Hyderabad
The employee is being terminated for non performance. he was issued a memo once and also was put under observation due his non performance. so can we terminate him on basis of non performance.. Kindly help me with this issue.
From India, Hyderabad
You can, but after conducting an enquiry and producing such evidences which prove that the employee has been a non performer. Performance should be quantitative and should not be subjective when it comes to evaluation. It should be that when a Manager is evaluated, he will place everything on his subordinates/ frontline people and escape. Cascading can be done but it should be objective and quantifiable. Therefore, when an employee is evaluated of his performance he should be given ample opportunities to explain what led to his non performance. Termination of employee based on subjective performance evaluation without giving any opportunity to the employee will be bad in law.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
Hi,
It depends upon the reason for Termination. Termination from service with immediate effect is advised generally for the occasions which are serious in nature against the interest of the company, or on performance related reasons with adequate improvement plans/ warnings. Kindly check the Termination Clause in your offer letter/Letter of Appointment or an agreement executed between you and your company.
Hope this helps...
Nayagam SP
From India, Madras
It depends upon the reason for Termination. Termination from service with immediate effect is advised generally for the occasions which are serious in nature against the interest of the company, or on performance related reasons with adequate improvement plans/ warnings. Kindly check the Termination Clause in your offer letter/Letter of Appointment or an agreement executed between you and your company.
Hope this helps...
Nayagam SP
From India, Madras
Dear Nandini,
In reference to your query, I am of the opinion that it all depends on the status of employees's status as to whether he is a probationer or a confirmed employee.Both the categories of employees are as governed by differrent set of rules. For instance a probationer shall not be entitled to any notice or pay in lieu thereof, if his services are terminated. However for terminating the employment of a permanent workmen, a notice in writing as per terms & conditions of one's appointment letter,needs to be given by the employer or paid salary in lieu of notice. This is sometimes called "Termination Simpliciter ". But if the services of an employee is terminated on disciplinary ground, no salary or wages are payable to him, provided the charges against him are proved after holding a proper court of enquiry.
BS kalsi
Member since Aug 2011
From India, Mumbai
In reference to your query, I am of the opinion that it all depends on the status of employees's status as to whether he is a probationer or a confirmed employee.Both the categories of employees are as governed by differrent set of rules. For instance a probationer shall not be entitled to any notice or pay in lieu thereof, if his services are terminated. However for terminating the employment of a permanent workmen, a notice in writing as per terms & conditions of one's appointment letter,needs to be given by the employer or paid salary in lieu of notice. This is sometimes called "Termination Simpliciter ". But if the services of an employee is terminated on disciplinary ground, no salary or wages are payable to him, provided the charges against him are proved after holding a proper court of enquiry.
BS kalsi
Member since Aug 2011
From India, Mumbai
Dear Nandini,
The termination of employee is certainly have the repercussion of employer In case of termination during probationer period does not have much obligations and can terminate on the grounds of unsatisfactory performance by giving one day notice provided if it is mentioned in the service condition of appointment order.
In case of confirmed employee any termination should be routed through Domestic Inquiry and to prove the charges leveled against him . Domestic inquiry should be conducted in the Principle of Natural Justice and to provide the chance to the employee to defend his case either in person or through his colleagues or office bearer from which he is a union member.
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels)Rtd
Labour Laws Consultant
From India, Bidar
The termination of employee is certainly have the repercussion of employer In case of termination during probationer period does not have much obligations and can terminate on the grounds of unsatisfactory performance by giving one day notice provided if it is mentioned in the service condition of appointment order.
In case of confirmed employee any termination should be routed through Domestic Inquiry and to prove the charges leveled against him . Domestic inquiry should be conducted in the Principle of Natural Justice and to provide the chance to the employee to defend his case either in person or through his colleagues or office bearer from which he is a union member.
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels)Rtd
Labour Laws Consultant
From India, Bidar
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