Hi All
One of my friend been terminated without any prior notice. In the appointment letter it says one day notice. But he has been terminated with immediate effect.
The reason for the termination is some GOSSIP created by his colleagues which is not proved to him. Can he go legal against the company?
Can any body throw some light on this issue
From India, Mumbai
1One of my friend been terminated without any prior notice. In the appointment letter it says one day notice. But he has been terminated with immediate effect.
The reason for the termination is some GOSSIP created by his colleagues which is not proved to him. Can he go legal against the company?
Can any body throw some light on this issue
From India, Mumbai
Hi,
1. What were the conditions set forth in the Appointment letter?
2. Does the employee come under the category of Industry employee?
Unless, you go through the conditions of employment, we cannot come to conclusion whether the termination is legal or illegal.
In some terminations the "Principles of natural Justice" may not be applied.
Subba Rao Bhagavatula.
From India, Hyderabad
1. What were the conditions set forth in the Appointment letter?
2. Does the employee come under the category of Industry employee?
Unless, you go through the conditions of employment, we cannot come to conclusion whether the termination is legal or illegal.
In some terminations the "Principles of natural Justice" may not be applied.
Subba Rao Bhagavatula.
From India, Hyderabad
Can I know whether termination can be with out followioing the principles of natural justice? Bcoz as far as my knowledge is concerned termination has to be done after following the procedure entailed in Standing orders or Conduct Rules. In this case even notice is also not served. as you are aware that the opposite party has to be given opportunity to be heard as per principal of natural justice. is there any case that is supporting that the principal of natural justice need not be followed. kindly clarify my doubts.
From United States
From United States
You are right, no termination is valid unless made without conducting domestic enquiry and following the principles of natural justice. However, if the terms of service do provide for notice period and when the employee has not completed 240 days in the organisation, the employer can terminate the service of any employee without notice and without holding enquiry. Whether an employee employed in the factory or not the legal validity of termination remains the same. In new generation employment these kinds of retrenchment are very common. The employees are not informed of their rights and on the other hand, the employer will take every advantage of it by dividing the employees. If the employees feel that they all work for remuneration and they donot take any thing extra from the office where they work, there can be a unity amoung them and there will not be any scope for back stabbing or gossiping. If employer finds the employee to be undivided, he will also recognise the employees.
No court will insist any employer to retain an unproductive labour. If terminated, the employer should have some FABRICATED reasons of which one reason shall defenitely be non performance. In the circumstance where an employee cannot win the help of other employees, no scope in narrating legal side. Therefore, forget about it.
Regards,
Madhu.T.K
From India, Kannur
No court will insist any employer to retain an unproductive labour. If terminated, the employer should have some FABRICATED reasons of which one reason shall defenitely be non performance. In the circumstance where an employee cannot win the help of other employees, no scope in narrating legal side. Therefore, forget about it.
Regards,
Madhu.T.K
From India, Kannur
Hi
You have a good case unless the terminaion if for non performance during probation or the termination is on account of loss of confidence for reasons like theft, misappropriation etc.
Regards
Valar
From India, Mumbai
You have a good case unless the terminaion if for non performance during probation or the termination is on account of loss of confidence for reasons like theft, misappropriation etc.
Regards
Valar
From India, Mumbai
Thank you Madhu,
Your quote on termination with immediate effect has helped me very much. I was exactly in this ambiguity what to do for an immediate termination. I have joined an organisation in this month only and an employee who is not performing at all and is absent since last 1.5 month giving a reason of illness due to diabetis.
My management told me to terminate him with immediate effect but terminating immediately is definately against a rule of natural justice and hence i was not able to any decision, thanks to your advice i could conclude to my decision.
From India, Pune
Your quote on termination with immediate effect has helped me very much. I was exactly in this ambiguity what to do for an immediate termination. I have joined an organisation in this month only and an employee who is not performing at all and is absent since last 1.5 month giving a reason of illness due to diabetis.
My management told me to terminate him with immediate effect but terminating immediately is definately against a rule of natural justice and hence i was not able to any decision, thanks to your advice i could conclude to my decision.
From India, Pune
The relationship between the employer and employee is governed by the Industrial standing order act 1947 and also the contractual terms and conditions where both the parties are agreed upon it.
So, here the man who was terminated from the job without any proved charges - is violation of principles of natural justice and further remedies are available to him to get the justice as per the law.
Regards
Bharat
From India, Valsad
So, here the man who was terminated from the job without any proved charges - is violation of principles of natural justice and further remedies are available to him to get the justice as per the law.
Regards
Bharat
From India, Valsad
Good evening to all
let me take this opportunity to introduce my self. My name venkateswara rao and i have got total experienc of 16 + years in HR, IR and HR related legal in diversified industries. i have also practiced for some time in labor court.
With my experience in the related field, i would like to say, it is very difficult to come to conclusion in relation to wether the termination of the employee by his employee is justified or not? in the given circumastances. why because as you all too know that in every employment the appointment order presribe the terms and conditions that are to governed and observed by both employer and employee. how ever, the employee who covered under the provisions of ID Act, 1947. the remedy is available for him to challenge the termination by the employer, if the adaquate apportunity of being heard not given to the employee by his employer at the time of his dismissal with out observing due procedure of dismissal. this facility is available very particularly to employees who falls under the workman definition of ID act.
If the employer terminates the services of an employee, who completes the minimum service of 240 days in a year, with out following the procedure of issuing chargesheet, holding enquiry etc and with out paying retrenchement compensation in such a case the termination is said to be malafide and the concerned employee has right to avail the remedy either through Labor court under Sec.2-A or Shops and establishments act, but not in both.even there are many decided cases in favor of the workmen by the Apex court and various HC of states.
to give complete details it may take much time. hence, i am sincerely appealing you all to pardon me for this time and certainly i will come back with full details in relation to the termination of Trainee, Probationery and regular category of employees, and on what circumastances the termination is held to be valid, etc
Thank Q to all for giving me this chance to share my views with you.
Yours sincerely
Venkat
Hyderabad
From India, Hyderabad
let me take this opportunity to introduce my self. My name venkateswara rao and i have got total experienc of 16 + years in HR, IR and HR related legal in diversified industries. i have also practiced for some time in labor court.
With my experience in the related field, i would like to say, it is very difficult to come to conclusion in relation to wether the termination of the employee by his employee is justified or not? in the given circumastances. why because as you all too know that in every employment the appointment order presribe the terms and conditions that are to governed and observed by both employer and employee. how ever, the employee who covered under the provisions of ID Act, 1947. the remedy is available for him to challenge the termination by the employer, if the adaquate apportunity of being heard not given to the employee by his employer at the time of his dismissal with out observing due procedure of dismissal. this facility is available very particularly to employees who falls under the workman definition of ID act.
If the employer terminates the services of an employee, who completes the minimum service of 240 days in a year, with out following the procedure of issuing chargesheet, holding enquiry etc and with out paying retrenchement compensation in such a case the termination is said to be malafide and the concerned employee has right to avail the remedy either through Labor court under Sec.2-A or Shops and establishments act, but not in both.even there are many decided cases in favor of the workmen by the Apex court and various HC of states.
to give complete details it may take much time. hence, i am sincerely appealing you all to pardon me for this time and certainly i will come back with full details in relation to the termination of Trainee, Probationery and regular category of employees, and on what circumastances the termination is held to be valid, etc
Thank Q to all for giving me this chance to share my views with you.
Yours sincerely
Venkat
Hyderabad
From India, Hyderabad
Hi All,
Reply of Mr. Venkat is absolutly correct and in this platform it is not possible to deal the case in detail as lots of nitty gritty are involved in it.
Coming to the case, any employee can be terminated with immediate effect without giving notice. In this case the company will have to pay the dues as mentioned in the appointmment letter. If the company does not pay him the relevant compensation, then he can go to court and claim for the compensation.
There is no point is asking for reinstatement as it will take a long time for the case to be settled and in the meantime your friend will get another job. Even if he gets reinstatement, the company will play some or the other game and will compel employee to resign.
Best would be, ask your friend to look for a new job and seek compensation from 'this' employer. If he dosent get it then he can go to court to claim compensation as mentioned in the appointment letter.
This only a practical solution. I dont think theoritical solution will be of much help. Principle of Natural Justice is not of much help for us (Practically speaking).
What do you say Venkat.....
Regards,
Nilendra
Reply of Mr. Venkat is absolutly correct and in this platform it is not possible to deal the case in detail as lots of nitty gritty are involved in it.
Coming to the case, any employee can be terminated with immediate effect without giving notice. In this case the company will have to pay the dues as mentioned in the appointmment letter. If the company does not pay him the relevant compensation, then he can go to court and claim for the compensation.
There is no point is asking for reinstatement as it will take a long time for the case to be settled and in the meantime your friend will get another job. Even if he gets reinstatement, the company will play some or the other game and will compel employee to resign.
Best would be, ask your friend to look for a new job and seek compensation from 'this' employer. If he dosent get it then he can go to court to claim compensation as mentioned in the appointment letter.
This only a practical solution. I dont think theoritical solution will be of much help. Principle of Natural Justice is not of much help for us (Practically speaking).
What do you say Venkat.....
Regards,
Nilendra
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Termination-emp loyment_563.pdf
Termination letter.doc