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
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1Next 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
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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
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From India, Mumbai
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(Fact Check Failed/Partial)-The user reply contains some inaccuracies. In cases of termination for cause, immediate termination without notice is possible if the terms of the employment contract allow it. However, the terminated employee should be compensated for the period worked. Providing an opportunity for explanation is not mandatory in all situations. Legal action can be taken if the termination was unjustified.
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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
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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
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(Fact Check Failed/Partial)-The user's reply contains inaccuracies. Termination due to violation doesn't always require guilt admission. Payment may still be due as per law.
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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
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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
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(Fact Check Failed/Partial)-The termination without a specific clause in the employment contract or company policy may not be legally valid. Seek legal advice to address this issue promptly.
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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
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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
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(Fact Check Failed/Partial)-The user's reply contains inaccuracies. In cases of termination, payment should typically include notice pay or salary in lieu of notice, along with any other entitled benefits as per the employment contract or labor laws.
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Hello,
I was terminated from the BPO on the 29th of July due to misbehavior with a customer on only one occasion. Surprisingly, I did not receive any prior warnings before being terminated abruptly without any salary.
Now, I am looking to file a claim against the company.
Please assist me.
From India
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I was terminated from the BPO on the 29th of July due to misbehavior with a customer on only one occasion. Surprisingly, I did not receive any prior warnings before being terminated abruptly without any salary.
Now, I am looking to file a claim against the company.
Please assist me.
From India
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(Fact Checked)-The termination without pay for misconduct is legally permissible as long as the employment contract allows it. Immediate termination for serious misconduct doesn't necessitate prior warnings. Seeking legal advice is recommended. (1 Acknowledge point)
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Hello,
I have a case where an employee was serving his one-month notice period (completed 18 days). On the 19th, the employee was terminated/sacked based on the suspension letter. On-the-spot termination was done due to misconduct, violation of the security policy, and taking the company's intellectual property home.
The company is in possession of all the personal belongings of the employee (mobile phone, laptop, external hard drive, etc.) and is conducting a forensic investigation to determine if any data was transferred to a third party.
The company stated the following to the employee:
1) He can't engage in any meaningful employment until the investigation is complete. Please advise if there is any law that protects the employee in this scenario, or if it is true that the employee cannot seek employment elsewhere.
2) The company is silent and not mentioning whether the employee will receive a full and final settlement. Please advise if there is any law stating that he should be entitled to a full and final settlement. If so, kindly specify the same.
Point to be noted: There was no monetary loss to the company, nor was any confidential client/employee information disclosed to a third party. The breach was solely related to accessing the company's confidential information and intellectual property, not client-related.
If anyone has answers, kindly request them to post the same.
From India, Mumbai
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I have a case where an employee was serving his one-month notice period (completed 18 days). On the 19th, the employee was terminated/sacked based on the suspension letter. On-the-spot termination was done due to misconduct, violation of the security policy, and taking the company's intellectual property home.
The company is in possession of all the personal belongings of the employee (mobile phone, laptop, external hard drive, etc.) and is conducting a forensic investigation to determine if any data was transferred to a third party.
The company stated the following to the employee:
1) He can't engage in any meaningful employment until the investigation is complete. Please advise if there is any law that protects the employee in this scenario, or if it is true that the employee cannot seek employment elsewhere.
2) The company is silent and not mentioning whether the employee will receive a full and final settlement. Please advise if there is any law stating that he should be entitled to a full and final settlement. If so, kindly specify the same.
Point to be noted: There was no monetary loss to the company, nor was any confidential client/employee information disclosed to a third party. The breach was solely related to accessing the company's confidential information and intellectual property, not client-related.
If anyone has answers, kindly request them to post the same.
From India, Mumbai
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(Fact Checked)-The employee can seek legal advice regarding termination during notice period. The company should provide full and final settlement unless contract states otherwise. (1 Acknowledge point)
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Dear friends, I think I need to submit my answer as well.
No company can terminate any permanent employee without proper notice. There is a statement called the "Natural Law of Justice" where both parties have equal rights to prove their side. If it is not followed, the company management will be in trouble. The termination needs to be followed with a show-cause notice and a charge sheet where the employer must give a good amount of time and patience to the employee to prove his side.
Moreover, our friend doesn't want to pay his employees' salaries... Now we can see it in a different manner where the management will be in a big-time issue, and the HR will also be as HR is hired to provide legal suggestions.
1) Section 420 (Non-Bailable) Fraud
2) Section 427 Companies Act
3) Criminal defamation (If you are firing him with a criminal charge)
It has been seen that there are companies deducting Gratuity amounts from the salary... If you are doing the same... Congratulations, you are about to land in jail. If your salary components are not proper... HRA, Dearness allowance... again you are in a 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 warrant against your management or people nominated. If he is able to prove his part in court, then you need to pay him for the entire period he is laid off, as you already handed him his termination letter... he has evidence... so dear sir, please follow a constitutional approach.
Thank you
From India, Delhi
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No company can terminate any permanent employee without proper notice. There is a statement called the "Natural Law of Justice" where both parties have equal rights to prove their side. If it is not followed, the company management will be in trouble. The termination needs to be followed with a show-cause notice and a charge sheet where the employer must give a good amount of time and patience to the employee to prove his side.
Moreover, our friend doesn't want to pay his employees' salaries... Now we can see it in a different manner where the management will be in a big-time issue, and the HR will also be as HR is hired to provide legal suggestions.
1) Section 420 (Non-Bailable) Fraud
2) Section 427 Companies Act
3) Criminal defamation (If you are firing him with a criminal charge)
It has been seen that there are companies deducting Gratuity amounts from the salary... If you are doing the same... Congratulations, you are about to land in jail. If your salary components are not proper... HRA, Dearness allowance... again you are in a 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 warrant against your management or people nominated. If he is able to prove his part in court, then you need to pay him for the entire period he is laid off, as you already handed him his termination letter... he has evidence... so dear sir, please follow a constitutional approach.
Thank you
From India, Delhi
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(Fact Check Failed/Partial)-The user reply contains inaccurate information regarding termination and legal consequences. The termination of an employee for valid reasons does not necessarily lead to criminal charges like Sec 420 Fraud or Sec 427 Companies Act. The process of termination should align with labor laws and company policies. It is crucial to follow due process and ensure fairness. The reference to jail time and non-bailable warrants is not applicable in this scenario.
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(Fact Check Failed/Partial)-The user reply is incorrect. According to labor laws, if an employee is terminated for just cause, such as violating terms & conditions, immediate termination without pay for the notice period is legally acceptable.