Thank you Mr.Umakanthan for your response. One of the clauses of his employment agreement with us
"Your Services are liable to be terminated any time for reasons:
i) As and when the company comes to know of any conviction by the Court of Law during the tenure of your services with us or conviction or
ii) Because of your giving false information at the time of your appointment or concealed any material information or given any false details in the application form or otherwise as regards
Age, education qualifications, work experience, salary or any other information.
iii) Non-performance, disobedience, willful late coming or delays in work or negligence, amounting to Unsatisfactory performance
iv) Any act committed by employee which causes damage either financial or otherwise to Company’s name, reputation, done due to negligence or with a malicious intent or violation of company norms or discipline
v)Unauthorized leave or intentional absenteeism without intimation or approval or deliberate insubordination.
In cases referred above, the company may terminate your services without payment in lieu notice period."
Despite informing/warning him several times over a period of 1 year, he continued to be late for his shifts, whereby the other team members had several issues. Hence we had to take decision to terminate his service that too after giving him one month writing notice and one month salary in lieu of notice period.
From India, Hyderabad
2"Your Services are liable to be terminated any time for reasons:
i) As and when the company comes to know of any conviction by the Court of Law during the tenure of your services with us or conviction or
ii) Because of your giving false information at the time of your appointment or concealed any material information or given any false details in the application form or otherwise as regards
Age, education qualifications, work experience, salary or any other information.
iii) Non-performance, disobedience, willful late coming or delays in work or negligence, amounting to Unsatisfactory performance
iv) Any act committed by employee which causes damage either financial or otherwise to Company’s name, reputation, done due to negligence or with a malicious intent or violation of company norms or discipline
v)Unauthorized leave or intentional absenteeism without intimation or approval or deliberate insubordination.
In cases referred above, the company may terminate your services without payment in lieu notice period."
Despite informing/warning him several times over a period of 1 year, he continued to be late for his shifts, whereby the other team members had several issues. Hence we had to take decision to terminate his service that too after giving him one month writing notice and one month salary in lieu of notice period.
From India, Hyderabad
Dear Ms.Vijaya,
You have not answered my question. Any way I presume that the individual is a regular employee on your roll. What your contract of employment mentions is " Discharge Simpliciter " which means simple termination of the contract of employment. Here, I'd like to quote the following observation of the hon'ble Supreme Court of India in its judgment in U.N.Dutt & Co Pte Ltd., v. Its Workmen [ AIR 1963 (S.C) 411 ] :
" An employer can not base his right to discharge an employee purely on contract and he can not be allowed to say that under the contract he has an unfettered right to hire and fire his employees".
In your case the reason attributed for termination is that the employee was habitually committing the misconduct of late attendance. Then you ought to have conducted a domestic enquiry into the charges before terminating him.
From India, Salem
You have not answered my question. Any way I presume that the individual is a regular employee on your roll. What your contract of employment mentions is " Discharge Simpliciter " which means simple termination of the contract of employment. Here, I'd like to quote the following observation of the hon'ble Supreme Court of India in its judgment in U.N.Dutt & Co Pte Ltd., v. Its Workmen [ AIR 1963 (S.C) 411 ] :
" An employer can not base his right to discharge an employee purely on contract and he can not be allowed to say that under the contract he has an unfettered right to hire and fire his employees".
In your case the reason attributed for termination is that the employee was habitually committing the misconduct of late attendance. Then you ought to have conducted a domestic enquiry into the charges before terminating him.
From India, Salem
He was a full time employee. We did conduct an internal enquiry. He accepted his mistake and asked us for one month time to be regular. We gave him the time asked for. Yet there was no improvement. Subsequent to that also, he was not being regular. One of days when he came late to his shift and then also did not start work immediately. There was a huge service outage in the meanwhile and he was not alert and did not respond to rectify because of which, there were several complaints received from clients. His TL, TM and other seniors spoke to him about his negligent behaviour. He said he was tired and not well hence did not attend to the outage for 5 hours. This resulted in losing one of the customers. We had but no choice but to let him go with severance pay.
From India, Hyderabad
From India, Hyderabad
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06b-Form VI-B (Notice of Commencement of Contract Work).pdf
Company Letter for Completion 01 Month Notice.docx