Dear Experts,
The appointment of letter of a Manager says that service can be terminated from either side by giving two months’ notice. Now this Manager has been dismissed after being found guilty under POSH Act. His gratuity has been also forfeited.
What is the legal provision about his notice period in this case? Any case Law?
Regards,
From India, Delhi
10The appointment of letter of a Manager says that service can be terminated from either side by giving two months’ notice. Now this Manager has been dismissed after being found guilty under POSH Act. His gratuity has been also forfeited.
What is the legal provision about his notice period in this case? Any case Law?
Regards,
From India, Delhi
This is not termination but dismissal after conducting an enquiry. Therefore, no notice period clause will apply. Your act of terminating or dismissing and forfeiting gratuity ( section 4(6)(b) of the Payment of Gratuity Act) is lawful. Notice period applies only when his employment contract is terminated for reasons other than misconduct.
From India, Kannur
From India, Kannur
Hi Act of your Manager fall under the definition of "moral turpitude";hence no notice period is required. Punishment can be effected forthwith. You can also forfeit his gratuity payment
From India, Aizawl
From India, Aizawl
Do you have any policy/document/contract for termination under disciplinary process/ POSH? If yes then the same shall be followed. Please note that there is fair enquiry process with evidences etc
From India, Bangalore
From India, Bangalore
Dear Friend,
The terms of condition in an appointment letter limits to, where termination is at the wish/will of the either party.
In the instant case, the termination happened for the misconduct under POSH Act. The forfeiture of gratuity is genuine.
Therefore, the clause of notice period doesn't exist.
From India, Mumbai
The terms of condition in an appointment letter limits to, where termination is at the wish/will of the either party.
In the instant case, the termination happened for the misconduct under POSH Act. The forfeiture of gratuity is genuine.
Therefore, the clause of notice period doesn't exist.
From India, Mumbai
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Enforcement of negative covenants in employment terms.pdf