I agree to malik sir as it is really a dadagiri
Next i must say thatif think from employee point of view you will realise that one month salary for a person is very important till the time he/she gets a new job
So, in my view you should have provided that person his/her salary
From India, Mumbai
Next i must say thatif think from employee point of view you will realise that one month salary for a person is very important till the time he/she gets a new job
So, in my view you should have provided that person his/her salary
From India, Mumbai
It is illegal to terminate an employee without sufficient ground to do so. Even if you have sufficient ground to terminate the concerned employee, you have to give him chance for explanation. If the concern employee approaches court, the verdict will most likely to go in his favor and in that case you may have to cancel his termination or pay him more compensation. In any case you have to pay him for the period he has worked for. You may move legally against him if he has done harm to company interest.
From India, Mumbai
From India, Mumbai
Dear Mr. Malik,
Whatever he has done was in written form. his termination also done after his acceptance of his act committed.
He has no guilt of whatever he has done. the only thing is top mgmt is not ready to pay the amount.
I discussed with them all the things, hope they will be ready to pay.
apart from this we havent mentioned any such thing in appointment letter.
regards,
Neesu
From India, New Delhi
5Whatever he has done was in written form. his termination also done after his acceptance of his act committed.
He has no guilt of whatever he has done. the only thing is top mgmt is not ready to pay the amount.
I discussed with them all the things, hope they will be ready to pay.
apart from this we havent mentioned any such thing in appointment letter.
regards,
Neesu
From India, New Delhi
hi all
pls note i am going through a serious problem.
i was terminated from service from a mnc where there is no service rule or not any. point
mentioning the terminatination clause.
the mnc is just playing a dadagiri role.
i am fighting with my own ability.
i went to shop and establishment where the mnc produced a circular
and the mnc is now demanding that they have terminated my service with this circular.
i have demanded the full salary giving an apex court order case as the mnc have terminated me
without any service rule or any staturoy power to terminate my service given in the appointment letter.
pls enlighten me to fight against their dadagiri.
nabolbona
From India, Calcutta
pls note i am going through a serious problem.
i was terminated from service from a mnc where there is no service rule or not any. point
mentioning the terminatination clause.
the mnc is just playing a dadagiri role.
i am fighting with my own ability.
i went to shop and establishment where the mnc produced a circular
and the mnc is now demanding that they have terminated my service with this circular.
i have demanded the full salary giving an apex court order case as the mnc have terminated me
without any service rule or any staturoy power to terminate my service given in the appointment letter.
pls enlighten me to fight against their dadagiri.
nabolbona
From India, Calcutta
Hi all
How much salary is available in case of termination without any service rule or statutory method.
I am suffering from serious problem for the last few years to get back my service but all r in vain.
The MNC terminated my service under Model standing orders of west bengal and paid me only subsistance allowance.
But my service is not governed by Model standing order
To get a justice I approached before Shops and Establishment in West Bengal but they have shown their limitation to handle the case.
But they have pointed out some areas.
Will anyone can help me some good way where i can get right justice.
nabolbona
From India, Calcutta
How much salary is available in case of termination without any service rule or statutory method.
I am suffering from serious problem for the last few years to get back my service but all r in vain.
The MNC terminated my service under Model standing orders of west bengal and paid me only subsistance allowance.
But my service is not governed by Model standing order
To get a justice I approached before Shops and Establishment in West Bengal but they have shown their limitation to handle the case.
But they have pointed out some areas.
Will anyone can help me some good way where i can get right justice.
nabolbona
From India, Calcutta
hello
i have terminated from the BPO on the 29Th july ......the reason behind was i have miss-behaved with customer only one time....then after i have never got any warning..... i mean , instead of to give me warning , they have terminated immediately without salary.
Now i want to claim on the company.
Pls help me.
From India
i have terminated from the BPO on the 29Th july ......the reason behind was i have miss-behaved with customer only one time....then after i have never got any warning..... i mean , instead of to give me warning , they have terminated immediately without salary.
Now i want to claim on the company.
Pls help me.
From India
Hello,
I have case where employee was serving his one month notice period (completed 18 days). On 19th the employee was terminated/ sack given on the suspension letter. On the spot termination was done due to Misconduct and violation of the security policy and taking the intellect property of the company to home.
Company is in the possession of the all the personal belonging of the employee (mobile,laptop external hard drive etc.) and conducting forensic investigation whether the data was moved out to third party or not.
So company stated below to employee:
1) He cant get into any meaningful employment till the time investigation is over. Please advise is there any law which protects employee in this senerio? or it is true that employee cant get the him/herself employed else where
2) Company is silent and not mentioning whether Employee will be given full and final settlement. Please advise is there any law which states that he should be entitle for full and final settlement ? if yes kindly state the same,
Point to be noted: There was no monetary loss to the company, nor there was confidential client/employee information was passed to third party.It was only breach towards the accessing the confidential information and intellect property of the company not related to client.
Please any one has answers kindly request them to post the same.
From India, Mumbai
I have case where employee was serving his one month notice period (completed 18 days). On 19th the employee was terminated/ sack given on the suspension letter. On the spot termination was done due to Misconduct and violation of the security policy and taking the intellect property of the company to home.
Company is in the possession of the all the personal belonging of the employee (mobile,laptop external hard drive etc.) and conducting forensic investigation whether the data was moved out to third party or not.
So company stated below to employee:
1) He cant get into any meaningful employment till the time investigation is over. Please advise is there any law which protects employee in this senerio? or it is true that employee cant get the him/herself employed else where
2) Company is silent and not mentioning whether Employee will be given full and final settlement. Please advise is there any law which states that he should be entitle for full and final settlement ? if yes kindly state the same,
Point to be noted: There was no monetary loss to the company, nor there was confidential client/employee information was passed to third party.It was only breach towards the accessing the confidential information and intellect property of the company not related to client.
Please any one has answers kindly request them to post the same.
From India, Mumbai
Dear friends I think I need to submit my ans as well.
1. No company can terminate any permanent employee without proper notice. Their is a statement called as " Natural Law of justice " Where both the parties have equal rights to prove their side. If it is not followed the company management will be in problem. The Termination needs to be followed with showcause notice and charge-sheet where the employer must give good amount of time and patience to employee to prove his side.
Moreover our friend dont want to pay his employees salary ... now we can see it in different manner where the management will be in big time issue and the HR will also be as HR is hired to provide legal suggestions also
1) Sec 420 ( Non - Bailable ) Fraud
2) Sec 427 Companies act
3) Criminal defamation ( If you are firing him with a criminal charge)
It has been seen that Their are companies who are deducting Gratuity amount from the salary .. If you are doing the same .. Congratulations you are about to land in jail.
If your salary component is not proper ... HRA, Dearness allowance.. again you are in problem.....
It can be clearly seen that the employee is fired not because of disciplinary grounds however it is more like personal grudges.. he can very well seek Court .. and any Sub Judicial court can issue a non bailable warrent against your management or people nominated...
If he is able to prove his part in court than you need to pay him for the entire period, the period he is laid off... as you already handed him his termination letter ... he have evidence ..... so dear sir .. please follow constitutional approach....
thank you
From India, Delhi
1. No company can terminate any permanent employee without proper notice. Their is a statement called as " Natural Law of justice " Where both the parties have equal rights to prove their side. If it is not followed the company management will be in problem. The Termination needs to be followed with showcause notice and charge-sheet where the employer must give good amount of time and patience to employee to prove his side.
Moreover our friend dont want to pay his employees salary ... now we can see it in different manner where the management will be in big time issue and the HR will also be as HR is hired to provide legal suggestions also
1) Sec 420 ( Non - Bailable ) Fraud
2) Sec 427 Companies act
3) Criminal defamation ( If you are firing him with a criminal charge)
It has been seen that Their are companies who are deducting Gratuity amount from the salary .. If you are doing the same .. Congratulations you are about to land in jail.
If your salary component is not proper ... HRA, Dearness allowance.. again you are in problem.....
It can be clearly seen that the employee is fired not because of disciplinary grounds however it is more like personal grudges.. he can very well seek Court .. and any Sub Judicial court can issue a non bailable warrent against your management or people nominated...
If he is able to prove his part in court than you need to pay him for the entire period, the period he is laid off... as you already handed him his termination letter ... he have evidence ..... so dear sir .. please follow constitutional approach....
thank you
From India, Delhi
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