1. Termination should always be supported with reason. 2. Category of the employee should not fall under "worker level" 3. For compensation see Section 25FFF of ID Act. Regards Saurabh 9928074042
From India, Delhi
From India, Delhi
But frnds,just wanna check .do we have any rule subject to forceful termination of services of an employee in any of our Govt regulatory acts ..if there is one let me know..
From India, Bangalore
5From India, Bangalore
Dear Anita,
Termination of an employee involves legal implications.
Even if the employer has valid reasons to terminate the employee still there are Precausionery Procedures to be followed beforehand, by the Employer.
As an HR Personnel it is always better to counsel an employee and get him to opt for submitting "RESIGNATION". Tell the employee the difference between Termination and Resignation. The benefit of getting Exp. and Relieving certificates on submission of the Resignation.
In lieu of One Month Notice period you can offer the employee One Month Basic salary.
Be Vigilant to EMPLOYMENT LAWS & RULES.
HEMA
From India, Nagpur
Termination of an employee involves legal implications.
Even if the employer has valid reasons to terminate the employee still there are Precausionery Procedures to be followed beforehand, by the Employer.
As an HR Personnel it is always better to counsel an employee and get him to opt for submitting "RESIGNATION". Tell the employee the difference between Termination and Resignation. The benefit of getting Exp. and Relieving certificates on submission of the Resignation.
In lieu of One Month Notice period you can offer the employee One Month Basic salary.
Be Vigilant to EMPLOYMENT LAWS & RULES.
HEMA
From India, Nagpur
Hi,
Before processing this,
Employee Under the I.D. Act. is happens to be a WorkMan,because the said Act affords certain protection including job security.Hence such a clause(Termination of service is invariably provided by 1month's notice by either side) will not be costitutionally valid.
please go through the Judgement of Karnantaka High Court where its clearly mentioned that Termination by Notice- Not permissible:- "Besides other courts, the Karnataka High Court has clarified that a condtion of service providing that employer can terminate the services of an employee by giving three months' notice or salary in lieu thereof, without assigning any reasons will be opposed to public policy hence Ultra Vires of the Constitution"(P.A.Babu Jayapreakash Vs.Managing Director, Karnataka Soap & Detergents Ltd., Baglore,2003 LLR387(Karn.HC).
From India, Ahmadabad
Before processing this,
Employee Under the I.D. Act. is happens to be a WorkMan,because the said Act affords certain protection including job security.Hence such a clause(Termination of service is invariably provided by 1month's notice by either side) will not be costitutionally valid.
please go through the Judgement of Karnantaka High Court where its clearly mentioned that Termination by Notice- Not permissible:- "Besides other courts, the Karnataka High Court has clarified that a condtion of service providing that employer can terminate the services of an employee by giving three months' notice or salary in lieu thereof, without assigning any reasons will be opposed to public policy hence Ultra Vires of the Constitution"(P.A.Babu Jayapreakash Vs.Managing Director, Karnataka Soap & Detergents Ltd., Baglore,2003 LLR387(Karn.HC).
From India, Ahmadabad
Please go through the Karnataka HC Judgement before proceeding:
Termination by Notice-Not Permissible-Employee under the ID Act.is a WorkMan, said the Act affords certain protection including Job Security. Hence such a clause(termination of service is invaribly provided by one month's notice by either side) will not be constitutionanly valid.
Besides other courts, the Karnataka High Court has clarified that a codition of service providing that employer can terminate the services of an employee by giving three months' notice or salary in lieu thereof, without assigning any reason will be opposed to public policy hence Untra Vires of the Constitution.(Judgement;- P.A.Babu Jayprakash Vs. Managing Director, Karnataka Soap & Detergents Ltd. Banglore,2003.LLR 387,(Krn.HC).
From India, Ahmadabad
Termination by Notice-Not Permissible-Employee under the ID Act.is a WorkMan, said the Act affords certain protection including Job Security. Hence such a clause(termination of service is invaribly provided by one month's notice by either side) will not be constitutionanly valid.
Besides other courts, the Karnataka High Court has clarified that a codition of service providing that employer can terminate the services of an employee by giving three months' notice or salary in lieu thereof, without assigning any reason will be opposed to public policy hence Untra Vires of the Constitution.(Judgement;- P.A.Babu Jayprakash Vs. Managing Director, Karnataka Soap & Detergents Ltd. Banglore,2003.LLR 387,(Krn.HC).
From India, Ahmadabad
Dear Amita,
First of all you should go thru the conditions as psecified in the appointment letters of these employees. if it is mentioned that one month salary is to be paid in lieu of notice/termination by the employee/employer, then its unjustified to poay them just the basic salary in lieu of notice for terminating their services from the company. Else the policy in vogue in the oganisation needs to be followed.
Thanks
Amit Gera
From India, New Delhi
First of all you should go thru the conditions as psecified in the appointment letters of these employees. if it is mentioned that one month salary is to be paid in lieu of notice/termination by the employee/employer, then its unjustified to poay them just the basic salary in lieu of notice for terminating their services from the company. Else the policy in vogue in the oganisation needs to be followed.
Thanks
Amit Gera
From India, New Delhi
Hello Everyone,
And where is Amita in this thread...after she posted her query on 18/3/2009?
Sometimes I find it funny as well as irritating that people just make a posting and then cooly forget all about it. And all of us godforsaken people-me included-who don't have any other work to do, take such postings seriously that we spend time and effort to put our responses.
Isn't there any way to control such postings?
Rgds,
TS
From India, Hyderabad
And where is Amita in this thread...after she posted her query on 18/3/2009?
Sometimes I find it funny as well as irritating that people just make a posting and then cooly forget all about it. And all of us godforsaken people-me included-who don't have any other work to do, take such postings seriously that we spend time and effort to put our responses.
Isn't there any way to control such postings?
Rgds,
TS
From India, Hyderabad
Dear Sir,
I joined this organisation on Feb'09 as manager- Training and Facilitation. and I was told by the company that they have enough Client base to do business and they are looking for young people who can primarily deliver training and consultation services to their clients (This was what was expected out of me and told when I joined and the same is mentioned in my offer letter as well). In my previous organisation, I was working as Asstt. Manager. Even though they didn't gave me salary hike but I joined as they gave me designation hike.
Now two months after joining this company, I came to know that they have no client base and don't even have training course material to be delivered to their prospect client.
They then told me last month to start doing Business Development through cold calling and generate a business worth 35 Lakhs in the next six months.
Sir, I have never done sales or BD in my entire profesional career. No matter how hard I tried, I have only fixed few meetings. Now the price that we are quoting to our prospect clients in way higher than our competitors in market and they have good content as well.
Now my boss, says I have to put down papers as I am not able to generate the business without giving me any notice to think about.
Sir, My question is that I joined this company as a trainer who will b delivering the training and doing vendor management, training calender booking and content development for their CRT and E-learning portal. Then is it legal for the company to fire me for able to do BD. I am doing my primary job well as and when I am asked for.
The company is renowned corporate house in India.
Sir, Please help me as I got married recently and is not aware of the policies of labour act.And it is hard to get a new job at short notice. I was well established in my previous job but was asked to leave the job on short notice by this company. So, I can no longer go back to m previous organisation as well.
Regards,
Jahanzeb Khan
From India, New Delhi
I joined this organisation on Feb'09 as manager- Training and Facilitation. and I was told by the company that they have enough Client base to do business and they are looking for young people who can primarily deliver training and consultation services to their clients (This was what was expected out of me and told when I joined and the same is mentioned in my offer letter as well). In my previous organisation, I was working as Asstt. Manager. Even though they didn't gave me salary hike but I joined as they gave me designation hike.
Now two months after joining this company, I came to know that they have no client base and don't even have training course material to be delivered to their prospect client.
They then told me last month to start doing Business Development through cold calling and generate a business worth 35 Lakhs in the next six months.
Sir, I have never done sales or BD in my entire profesional career. No matter how hard I tried, I have only fixed few meetings. Now the price that we are quoting to our prospect clients in way higher than our competitors in market and they have good content as well.
Now my boss, says I have to put down papers as I am not able to generate the business without giving me any notice to think about.
Sir, My question is that I joined this company as a trainer who will b delivering the training and doing vendor management, training calender booking and content development for their CRT and E-learning portal. Then is it legal for the company to fire me for able to do BD. I am doing my primary job well as and when I am asked for.
The company is renowned corporate house in India.
Sir, Please help me as I got married recently and is not aware of the policies of labour act.And it is hard to get a new job at short notice. I was well established in my previous job but was asked to leave the job on short notice by this company. So, I can no longer go back to m previous organisation as well.
Regards,
Jahanzeb Khan
From India, New Delhi
Dear Sir,
I joined this organisation on Feb'09 as manager- Training and Facilitation. and I was told by the company that they have enough Client base to do business and they are looking for young people who can primarily deliver training and consultation services to their clients (This was what was expected out of me and told when I joined and the same is mentioned in my offer letter as well). In my previous organisation, I was working as Asstt. Manager. Even though they didn't gave me salary hike but I joined as they gave me designation hike.
Now two months after joining this company, I came to know that they have no client base and don't even have training course material to be delivered to their prospect client.
They then told me last month to start doing Business Development through cold calling and generate a business worth 35 Lakhs in the next six months.
Sir, I have never done sales or BD in my entire profesional career. No matter how hard I tried, I have only fixed few meetings. Now the price that we are quoting to our prospect clients in way higher than our competitors in market and they have good content as well.
Now my boss, says I have to put down papers as I am not able to generate the business without giving me any notice to think about.
Sir, My question is that I joined this company as a trainer who will b delivering the training and doing vendor management, training calender booking and content development for their CRT and E-learning portal. Then is it legal for the company to fire me for able to do BD. I am doing my primary job well as and when I am asked for.
The company is renowned corporate house in India.
Sir, Please help me as I got married recently and is not aware of the policies of labour act.And it is hard to get a new job at short notice. I was well established in my previous job but was asked to leave the job on short notice by this company. So, I can no longer go back to m previous organisation as well.
Regards,
Jahanzeb Khan
From India, New Delhi
I joined this organisation on Feb'09 as manager- Training and Facilitation. and I was told by the company that they have enough Client base to do business and they are looking for young people who can primarily deliver training and consultation services to their clients (This was what was expected out of me and told when I joined and the same is mentioned in my offer letter as well). In my previous organisation, I was working as Asstt. Manager. Even though they didn't gave me salary hike but I joined as they gave me designation hike.
Now two months after joining this company, I came to know that they have no client base and don't even have training course material to be delivered to their prospect client.
They then told me last month to start doing Business Development through cold calling and generate a business worth 35 Lakhs in the next six months.
Sir, I have never done sales or BD in my entire profesional career. No matter how hard I tried, I have only fixed few meetings. Now the price that we are quoting to our prospect clients in way higher than our competitors in market and they have good content as well.
Now my boss, says I have to put down papers as I am not able to generate the business without giving me any notice to think about.
Sir, My question is that I joined this company as a trainer who will b delivering the training and doing vendor management, training calender booking and content development for their CRT and E-learning portal. Then is it legal for the company to fire me for able to do BD. I am doing my primary job well as and when I am asked for.
The company is renowned corporate house in India.
Sir, Please help me as I got married recently and is not aware of the policies of labour act.And it is hard to get a new job at short notice. I was well established in my previous job but was asked to leave the job on short notice by this company. So, I can no longer go back to m previous organisation as well.
Regards,
Jahanzeb Khan
From India, New Delhi
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