Please suggest what to do about legal action before termination of two month notice period?
From India, Patna
From India, Patna
Dear 
,
You have not given sufficient information about your query. What is the context?
Why do you wish to terminate an employee? Has he/she been involved in misconduct of a serious nature or is it to satisfy the whim of the top boss?
If the employee is involved in serious misconduct, then have you received a formal complaint from the HOD? If not HOD, then have you received a complaint from Auditors or the Finance Department?
If the complaint is received, then depending on the merits of the cause, you may order the domestic enquiry. Make sure that the enquiry proceeds as per the law, and there should not be any loopholes. Give the accused a chance to defend his/her case. Please make sure the accused is not made a target. The Enquiry Officer (EO) must investigate the incident and not the person. The EO must conduct the enquiry only, and he/she has no right to recommend any punishment. The EO must investigate whether the incident happened as the proper guidelines, rules, regulations, SOPs etc. did not exist.
Based on the enquiry report, the management may decide whether to terminate the employee or not. Nevertheless, the punishment of termination is of the highest order, and it should be awarded in the rarest of the rare cases.
Thanks,
Dinesh Divekar
From India, Bangalore
7884You have not given sufficient information about your query. What is the context?
Why do you wish to terminate an employee? Has he/she been involved in misconduct of a serious nature or is it to satisfy the whim of the top boss?
If the employee is involved in serious misconduct, then have you received a formal complaint from the HOD? If not HOD, then have you received a complaint from Auditors or the Finance Department?
If the complaint is received, then depending on the merits of the cause, you may order the domestic enquiry. Make sure that the enquiry proceeds as per the law, and there should not be any loopholes. Give the accused a chance to defend his/her case. Please make sure the accused is not made a target. The Enquiry Officer (EO) must investigate the incident and not the person. The EO must conduct the enquiry only, and he/she has no right to recommend any punishment. The EO must investigate whether the incident happened as the proper guidelines, rules, regulations, SOPs etc. did not exist.
Based on the enquiry report, the management may decide whether to terminate the employee or not. Nevertheless, the punishment of termination is of the highest order, and it should be awarded in the rarest of the rare cases.
Thanks,
Dinesh Divekar
From India, Bangalore
dear Friend,
Mr Dinesh Divakar has rightly pointed out that your information is inadequate to suggest any remedy. You should provide the copy of appointment & termination letter to have right suggestions from the members.
There is no legal option available for either party, the employer can terminate with notice and employee can resign by giving notice as per the terms of appointment. Still options are availble in absence proper ground in the action.
Now you better consult a legal consultant deals in labour matter to know the option available for you.
From India, Mumbai
Mr Dinesh Divakar has rightly pointed out that your information is inadequate to suggest any remedy. You should provide the copy of appointment & termination letter to have right suggestions from the members.
There is no legal option available for either party, the employer can terminate with notice and employee can resign by giving notice as per the terms of appointment. Still options are availble in absence proper ground in the action.
Now you better consult a legal consultant deals in labour matter to know the option available for you.
From India, Mumbai
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