Dear Rajan Sir,
If a company has got signature of employee on such document(say joining letter) in which it is written that on any day if company will not find that person beneficial or trustwirthy for the company then company can terminate him/her immediately. Or at any stage if employee does not find that company if fulfilling it's promises then employee can leave company immediatly.
It is fare for both & possible too.
In this condition can one go to court. Or tell me if above example is against the law(Please specify act & section.)
Waiting for your kind responce.
Regards,
Inderjeet singh"Born to lead"
From India, Rajsamand
127If a company has got signature of employee on such document(say joining letter) in which it is written that on any day if company will not find that person beneficial or trustwirthy for the company then company can terminate him/her immediately. Or at any stage if employee does not find that company if fulfilling it's promises then employee can leave company immediatly.
It is fare for both & possible too.
In this condition can one go to court. Or tell me if above example is against the law(Please specify act & section.)
Waiting for your kind responce.
Regards,
Inderjeet singh"Born to lead"
From India, Rajsamand
The implication will vary depending upon the status of the employee;
1. If he is a Workman, then such an action will be illegal and such summary termination can be challenged. Appropriate remdies have been provided for in the Industrial Disputes' Act,1947.
2. If he is NOT a workman, he is not protected by any Law.
In such cases, if all the payable dues, as per the terms of appointment have been paid to the employee, the action of the management cannot really be challenged.
Vasant Nair
From India, Mumbai
1. If he is a Workman, then such an action will be illegal and such summary termination can be challenged. Appropriate remdies have been provided for in the Industrial Disputes' Act,1947.
2. If he is NOT a workman, he is not protected by any Law.
In such cases, if all the payable dues, as per the terms of appointment have been paid to the employee, the action of the management cannot really be challenged.
Vasant Nair
From India, Mumbai
Dear Mr. Khola,
I have more or less similar kind of a question. Could you please go through this link and give your valueable suggestions?
https://www.citehr.com/265573-resign...ce-period.html
Thank you !
From India, Delhi
I have more or less similar kind of a question. Could you please go through this link and give your valueable suggestions?
https://www.citehr.com/265573-resign...ce-period.html
Thank you !
From India, Delhi
Hi :
NOt possible legally.
But as Rachhu Sharma has indicated, employees do tender their resignation letter fearing termination of the services.
In many of the cases, with due compensation and the dues being paid, many employees do accept to be severed from the Org.
Even in case of resignations under such situation, it will be safer to pay the due compensations and relieve the employee.
Good Luck !!!
:::Dhinakaran
From India, Hyderabad
NOt possible legally.
But as Rachhu Sharma has indicated, employees do tender their resignation letter fearing termination of the services.
In many of the cases, with due compensation and the dues being paid, many employees do accept to be severed from the Org.
Even in case of resignations under such situation, it will be safer to pay the due compensations and relieve the employee.
Good Luck !!!
:::Dhinakaran
From India, Hyderabad
Dear Karthik,
regarding the termination of a employee, depends upon the reason. If he is on probation period and if you have given a appointment letter stating the if you are found guilty, the services can be terminated without any further notice. Otherwise you have to prove his guilty by conducting a inquiry.
regards,
raghunath.k.
From India, Bangalore
regarding the termination of a employee, depends upon the reason. If he is on probation period and if you have given a appointment letter stating the if you are found guilty, the services can be terminated without any further notice. Otherwise you have to prove his guilty by conducting a inquiry.
regards,
raghunath.k.
From India, Bangalore
dear colleagues.
Now days organizations are contributing crores of rupees on HR policies and practices.It is practical experience that it is very easy to appoint a person but it is very tactful to remove a person from service. First taking decision to sack an employee and later thinking and spending thousands of rupees on court matter is foolish thing . instead try the course of conciliation within the organization. Your decision should be fruitful. Otherwise if somebody decides to do illegal work by keeping army of lawyers in his arsenals then nobody can prevent him.
Better think before going to sack an employee because in long term it may affect culture of your organization,moral of existing staff and discipline.
From India, Mumbai
Now days organizations are contributing crores of rupees on HR policies and practices.It is practical experience that it is very easy to appoint a person but it is very tactful to remove a person from service. First taking decision to sack an employee and later thinking and spending thousands of rupees on court matter is foolish thing . instead try the course of conciliation within the organization. Your decision should be fruitful. Otherwise if somebody decides to do illegal work by keeping army of lawyers in his arsenals then nobody can prevent him.
Better think before going to sack an employee because in long term it may affect culture of your organization,moral of existing staff and discipline.
From India, Mumbai
Dear Jyoti,
In my opinion the current company can not force the employee to tell about the place of new establishment. Such type of restrictions that an employee can not join another company with in a period of two years after leaving the current company can not be hold good in the eyes of law. If the company dismisses you on the basis of breach of trust then you can also go the appropriate court for getting the remedy.
Comments/ opinion submitted as requested.
Regards,
R N Khola
From India, Delhi
In my opinion the current company can not force the employee to tell about the place of new establishment. Such type of restrictions that an employee can not join another company with in a period of two years after leaving the current company can not be hold good in the eyes of law. If the company dismisses you on the basis of breach of trust then you can also go the appropriate court for getting the remedy.
Comments/ opinion submitted as requested.
Regards,
R N Khola
From India, Delhi
Legally it cannot be done, but we in HR know that law can be changed according to sweet will of the companies management. The truth is, if a company does not want an employee it simply does not want them. Then there are no ifs and buts. They can take out many reasons which we may think are not logical but are actually put in a way that they become logical. I agree with one of the views that ... the employeer makes the conditions so bad that the employee is forced to resign and in many cases asked to resign. The word termination is normally used on the company letter head speficially in such cases when and where the company has very strong and valid reason to do so.
From India, Calcutta
From India, Calcutta
its not possible even though he serusly violate the law.But the notice is must Ayyaz Mehmood
From United Arab Emirates
From United Arab Emirates
Dear all
I would like to know here one thing that is a person working at the post of Manager of some department and is under the contract with the company ( a mnc) and a clause in his / her contract says "Termination at will" by the company, further the clause says the company is not bound to give any reason for termination also. Now can this person take the said company to the labor court of Gurgaon or not. I request all the legal people on the forum to give their advice with their contact ( cell ) numbers. Thanks and regards. Rajnish
From India, Delhi
I would like to know here one thing that is a person working at the post of Manager of some department and is under the contract with the company ( a mnc) and a clause in his / her contract says "Termination at will" by the company, further the clause says the company is not bound to give any reason for termination also. Now can this person take the said company to the labor court of Gurgaon or not. I request all the legal people on the forum to give their advice with their contact ( cell ) numbers. Thanks and regards. Rajnish
From India, Delhi
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