Hi,
Can we terminate a labor who is on the permanent roles of the Company. If yes then what would be the legal aspects we need to taken care of.
As per appointment letter one month notice period is applicable. And this is for Delhi location.
Thanks
Can we terminate a labor who is on the permanent roles of the Company. If yes then what would be the legal aspects we need to taken care of.
As per appointment letter one month notice period is applicable. And this is for Delhi location.
Thanks
Dear Rishi,
Why you wanted to terminate employee? Has he/she done any "misconduct"? If yes, then you may order domestic enquiry. In the enquiry, give chance to the employee to present his/her case. If the employee is found guilty then go ahead and award the punishment. Termination is the punishment of the highest order.
Thanks,
Dinesh Divekar
From India, Bangalore
7884Why you wanted to terminate employee? Has he/she done any "misconduct"? If yes, then you may order domestic enquiry. In the enquiry, give chance to the employee to present his/her case. If the employee is found guilty then go ahead and award the punishment. Termination is the punishment of the highest order.
Thanks,
Dinesh Divekar
From India, Bangalore
Dear Sir,
There are two ways of terminating the services of a permanent employee, one is by way of disciplinary action ie if he has indulged in some serious misconducts, then you need to issue chargesheet and conduct an enquiry wherein full opportunity is to be given to the workman to defend himself through a representative of his choice. After completion of the enquiry the copy of the findings need to be sent to the workman for his comments. Thereafter you have to scrutinise if the findings are based on the evidence led in the enquiry both oral and documentary. Then you need to check the past record of service of the workman, and if you find that termination is legal and justified under the circumstances, then you can issue a detailed dismissal letter setting out the reasons for this termination.
Secondly, if the workman is rendered surplus due to various reasons, then you need to follow the provisions of Industrial Disputes Act, and put up a category wise seniority list for display on the notice board for 8 days. Thereafter you need to follow the principle of last come first go, ie the person who joined the organisation last, will go first. You need to pay retrenchment compensation @ 15 days salary per completed year of service, one months notice pay and all other legal dues such as leave wages, earned salary , pro rata bonus, etc. at the time of effecting retrenchment. You need to put up a general notice stating reasons for the retrenchment and send the copy to the Govt. and Labour Commissioner. You then have to draft an individual notice to the workman stating reasons for the termination and attach the cheque of his legal dues and either serve upon him or send by RPAD.
From India, Pune
There are two ways of terminating the services of a permanent employee, one is by way of disciplinary action ie if he has indulged in some serious misconducts, then you need to issue chargesheet and conduct an enquiry wherein full opportunity is to be given to the workman to defend himself through a representative of his choice. After completion of the enquiry the copy of the findings need to be sent to the workman for his comments. Thereafter you have to scrutinise if the findings are based on the evidence led in the enquiry both oral and documentary. Then you need to check the past record of service of the workman, and if you find that termination is legal and justified under the circumstances, then you can issue a detailed dismissal letter setting out the reasons for this termination.
Secondly, if the workman is rendered surplus due to various reasons, then you need to follow the provisions of Industrial Disputes Act, and put up a category wise seniority list for display on the notice board for 8 days. Thereafter you need to follow the principle of last come first go, ie the person who joined the organisation last, will go first. You need to pay retrenchment compensation @ 15 days salary per completed year of service, one months notice pay and all other legal dues such as leave wages, earned salary , pro rata bonus, etc. at the time of effecting retrenchment. You need to put up a general notice stating reasons for the retrenchment and send the copy to the Govt. and Labour Commissioner. You then have to draft an individual notice to the workman stating reasons for the termination and attach the cheque of his legal dues and either serve upon him or send by RPAD.
From India, Pune
Do you have Service Rules/Certified Standing orders? Whether Employee in question is a Workman under the definition of Sec 2(S) of industrial Disputes act, 1947? For What reasons you are Contemplating to resort to Termination of Service? If due procedure is not followed, such Termination will be set aside by the Court
From India, New Delhi
From India, New Delhi
DMC 123 Sir, you have provided very valuable information. Thanks for the same SNC
From India, Ranchi
From India, Ranchi
Before asking for detailed procedure of terminating a permanent employee without attracting the provisions of labour laws, please give details of your case:
1. Nature of duty of the employee
2. Nature of establishment/ company with strength
3. Last drawn wages
4. Tenure of service
5. Why do you want to terminate him
From India, Kolkata
1. Nature of duty of the employee
2. Nature of establishment/ company with strength
3. Last drawn wages
4. Tenure of service
5. Why do you want to terminate him
From India, Kolkata
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
TAMIMI LAbor LAw.pdf