Dear All, I have a few questions.
1. Can an organization Terminate Service Without giving the reason for Non-Performance?
2. Can an employee go to Labor Court when no show cause or notice is given to him for non-performance?
3. What precautions should be taken to avoid legal issues?
4. Is the ID Act applicable to managerial staff?
From India, Mumbai
1. Can an organization Terminate Service Without giving the reason for Non-Performance?
2. Can an employee go to Labor Court when no show cause or notice is given to him for non-performance?
3. What precautions should be taken to avoid legal issues?
4. Is the ID Act applicable to managerial staff?
From India, Mumbai
Hi,
You should follow the principles of natural justice to avoid legal issues. Sufficient opportunity should be provided to the employee to defend his /her side , provide proper notice period even if the reason for termination is non performance.
A person working in purely managerial and/or supervisory capacity does not fall within the definition of workman under ID Act.
From India, Madras
942You should follow the principles of natural justice to avoid legal issues. Sufficient opportunity should be provided to the employee to defend his /her side , provide proper notice period even if the reason for termination is non performance.
A person working in purely managerial and/or supervisory capacity does not fall within the definition of workman under ID Act.
From India, Madras
Termination "without giving any reason" is inviting troubles. Non-performance and follow up action should be supported by relevant & adequate documentation and findings of an 'internal' disciplinary authority' vested with such powers as per Conduct & Discipline Rules or Standing Orders as the case may be. The process should start with warnings, notices, show cause notices, framing charge sheets, inquiry proceedings findings. Employer cannot stop concerned employee(s) from raising a 'dispute' whether supported by union, if any or in the labour court if they are covered under ID Act, Conciliation by competent authorities & even arbitration or civil court having jurisdiction.
From India, Bangalore
From India, Bangalore
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