you would need first to understand the process in your organisation which allows a person to be confirmed in 180 days and then before 240 days is over needs to be terminated!! seems too prejudiced. different process for non supervisory and different for executives josephj
From India, Kochi
2From India, Kochi
Following certain provisions of the Industrial Disputes Act (section 25F etc) and in the Standing Orders framed under the Industrial Employment (Standing Orders) Act, an employee can be terminated. Termination of service for misconduct, however, requires proper domestic enquiry. An employer is not prohibited from terminating an employee but the employer's act of terminating an employee will be justified provided all measures of natural justice are taken before such termination is made. Accordingly, if an employee is to be terminated, the employer should give him prior notice, which will certainly depends on the length of service. The notice given is an intimation to the employee of his termination of employment so that he can find some other job or alternative. It may be one month notice or three months notice. At the same time if the employer wants the employee to be discharged with immediate effect, he can do so but paying salary for the period of notice in advance. Similarly, the law has given protection to those employees who have been regularised. (the terms probation, confirmation etc are out of purview of ID Act) As such those who have worked for 240 days in the previous year are considered as regular employees (whether a communication to the effect that the concerned employee has been regularised or confirmed in service is given by the employer or not) and are expected to be given compensation for termination and the rate of this compensation will be equal to 15 days salary for every completed year of service with the employer. At the same time, an employer is free to terminate an employee who has not completed 240 days of service. Moreover, termination/ retrenchment of employees of an organisation in which more than 100 employees are normally working (where chapter VB of the ID Act applies) prior permission of the Govt is required. The micro level scope of these sections/ chapters is to be discussed based on cases to case. Regards, Madhu.T.K
From India, Kannur
From India, Kannur
If he is a workman under the Industrial Disputes Act 1947 and is confirmed, the only procedures is issue chargesheet for the misconduct, hold enquiry and award punishment as per certified standing orders of your company or model standing orders of the state whichever is applicable. In this case 240 days working or not working does not have any legal standing ak malhotra
From India, Guwahati
From India, Guwahati
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China Rules On Terminating An Employee.docx