hey ankit this side i want to ask i have terminated one of my employee from my factory because of his behaviour and the loss because of him after few warnings also he was like the same repeating his mistakes again and again . now i have terminated him with his due payment and 1 month notice without deducting any loss from his salary .now he had approached the labour court for more compensation what should i do now i have recieved a full n final payment reciept from him with his signature and thumb impression.
From India, Delhi
From India, Delhi
Did you record the warnings in writing and signature of receiving the warning from employee?
What was the nature of mistake being done?
What is written in the relieving certificate for reason for exit from company?
what was the specific misconduct attributed to him?
Was any show cause notice issued to him?
What does your certified Standing Orders say or the terms and conditions of offer letter?
On what grounds is he asking for more compensation?
Wilful damage or loss to company is a strong ground for dismissal/termination.
Can you prove the loss caused by him?
More explanatory details are required to give full answers to the query.
From India, Pune
3131What was the nature of mistake being done?
What is written in the relieving certificate for reason for exit from company?
what was the specific misconduct attributed to him?
Was any show cause notice issued to him?
What does your certified Standing Orders say or the terms and conditions of offer letter?
On what grounds is he asking for more compensation?
Wilful damage or loss to company is a strong ground for dismissal/termination.
Can you prove the loss caused by him?
More explanatory details are required to give full answers to the query.
From India, Pune
By the way your title is wrong.
Employee has filed a case against you in the court.
How can you call a legal action as harassment?
If it is a false case,it will be dismissed and if the company has followed due process,natural justice there is no way that employee will win the case.
From India, Pune
Employee has filed a case against you in the court.
How can you call a legal action as harassment?
If it is a false case,it will be dismissed and if the company has followed due process,natural justice there is no way that employee will win the case.
From India, Pune
Dear Ankit,
First and foremost, as Mr Nathrao has pointed out, it was wrong heading of your post. I have changed it from "Employee Harasment On Employer" to the "Law Suit by Employee after Termination".
Before termination did you conduct the domestic enquiry? If the enquiry was conducted and if it is found that enquiry was fair in all the respects then courts generally do not interfere in the internal matters of company. However, if court observes that principles natural justice were not followed then case could come up for hearing and you have to prove the grounds of the termination. It remains to be seen whether the courts gets satisfied with the issue of warning letters and fulfilment of the conditions of the employment by way of payment of wages in lieu of notice period.
Thanks,
Dinesh Divekar
From India, Bangalore
First and foremost, as Mr Nathrao has pointed out, it was wrong heading of your post. I have changed it from "Employee Harasment On Employer" to the "Law Suit by Employee after Termination".
Before termination did you conduct the domestic enquiry? If the enquiry was conducted and if it is found that enquiry was fair in all the respects then courts generally do not interfere in the internal matters of company. However, if court observes that principles natural justice were not followed then case could come up for hearing and you have to prove the grounds of the termination. It remains to be seen whether the courts gets satisfied with the issue of warning letters and fulfilment of the conditions of the employment by way of payment of wages in lieu of notice period.
Thanks,
Dinesh Divekar
From India, Bangalore
Hi Ankit,
As you said,
Termination from job is actually termination of the service/employment contract between you two entities. If employer have paid all dues as per the employment contract, then he cannot ask for more compensation. Termination does not allow him any handicap for more compensation.
What cause have you shown on the termination letter? From Humanitarian view, many companies ask for forced resignation, OR provide termination letter without explicit reasoning of misconduct explanation.
If you have shown the reason of misbehavior without proper domestic enquiry in place, then his discomfort is expected & it may become a reason for scrutiny in this case.
Best Regards,
Amod Bobade.
As you said,
Termination from job is actually termination of the service/employment contract between you two entities. If employer have paid all dues as per the employment contract, then he cannot ask for more compensation. Termination does not allow him any handicap for more compensation.
What cause have you shown on the termination letter? From Humanitarian view, many companies ask for forced resignation, OR provide termination letter without explicit reasoning of misconduct explanation.
If you have shown the reason of misbehavior without proper domestic enquiry in place, then his discomfort is expected & it may become a reason for scrutiny in this case.
Best Regards,
Amod Bobade.
In the above case the following documents you need to have to challenge the labour court
1. Full and final settlement copy - Which the employee has signed ( Did you take the signature of the employee on F&F settlement letter)
2. Warning letters - Duly acknowledged by the employee ( Do you have acknowledged copies with you)
3. Loss due to his mistakes ( You have to prove that)
In normal case, you need to follow this procedure:
1. Issue warning letters max 3 times
2. Show cause notice - ( Refer the warning letters)
3. Frame the chargesheet
4. Based on the reply if you are not satisfied, suspend him pending enquiry.
5. Conduct domestic enquiry - You have to prove that the employee has been continuously committing the loss with documentary evidence)
6. Based on the enquiry report, you need to take the action.
This is the normal procedure.
In your case, you have terminated him without folowing the above procedure which may be not correct. The labour court may direct you to reinstate the employee.
My question is
1) whether you have issued any termination letter?
2) Did you take the resignation letter and settle the account?
In the first case, you may lose the case
and in the second case there is a possibility that you can produce the resignation letter and say: since the employee has resigned, we have done his final settlement ( Also produce the final settlement copy duly signed by the employee)
From India, Hyderabad
1. Full and final settlement copy - Which the employee has signed ( Did you take the signature of the employee on F&F settlement letter)
2. Warning letters - Duly acknowledged by the employee ( Do you have acknowledged copies with you)
3. Loss due to his mistakes ( You have to prove that)
In normal case, you need to follow this procedure:
1. Issue warning letters max 3 times
2. Show cause notice - ( Refer the warning letters)
3. Frame the chargesheet
4. Based on the reply if you are not satisfied, suspend him pending enquiry.
5. Conduct domestic enquiry - You have to prove that the employee has been continuously committing the loss with documentary evidence)
6. Based on the enquiry report, you need to take the action.
This is the normal procedure.
In your case, you have terminated him without folowing the above procedure which may be not correct. The labour court may direct you to reinstate the employee.
My question is
1) whether you have issued any termination letter?
2) Did you take the resignation letter and settle the account?
In the first case, you may lose the case
and in the second case there is a possibility that you can produce the resignation letter and say: since the employee has resigned, we have done his final settlement ( Also produce the final settlement copy duly signed by the employee)
From India, Hyderabad
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