Dear Seniors,
if a person is terminated because of violating the terms & conditions of appointment / working against the interest of organisation, will he be paid for one month salary.
we have terminated the person with immediate effect on 29th of month because of above reason and dont want to pay for that month.
is there any legal consequency regarding same. we have also issued termination letter to him.
Plz provide your views on same
regrds,
Nishu
From India, New Delhi
5if a person is terminated because of violating the terms & conditions of appointment / working against the interest of organisation, will he be paid for one month salary.
we have terminated the person with immediate effect on 29th of month because of above reason and dont want to pay for that month.
is there any legal consequency regarding same. we have also issued termination letter to him.
Plz provide your views on same
regrds,
Nishu
From India, New Delhi
i would say that in any law it has not mention that in termination case you can't give the salary..... if he goes to police and ask for help.. then you would be force to pay him as law says that you have to pay if he has worked.... this is and advice as the same situation happened in mah organisation and that lady called the police and the manager was in police station for few hours.... BUT IF YOU HAVE MENTIONED THIS CLAUSE IN APPOINTMENT LETTER THEN THERE WOULD BE NO PROBLEM .
From India, Delhi
From India, Delhi
Hello Nishu,
If is mentioned in the standing orders of your organization (an example is the appointment letter) that the employee would nto be paid any renumeration for the period worked if he/ she is terminated on disciplinary grounds, only then can you go ahead with the above decision. You could refer to the Industrial Disputes Act/ Shops and Establishments act applicable to your state, as well as the Industrial Employment (Standing orders) act for further reference as well.
:-)
From United States, Round Rock
If is mentioned in the standing orders of your organization (an example is the appointment letter) that the employee would nto be paid any renumeration for the period worked if he/ she is terminated on disciplinary grounds, only then can you go ahead with the above decision. You could refer to the Industrial Disputes Act/ Shops and Establishments act applicable to your state, as well as the Industrial Employment (Standing orders) act for further reference as well.
:-)
From United States, Round Rock
dear nishu
i will call this type of termination as dadagiri.
you have terminated his services on 29 th of the month without following the principle of natural justice and without giving any opportunity to him ,so he can explain himself.this type of termination is illegal .
secondly whatever wages he has earned upto 29 th ,you donot want to
pay that also besides that you donot want to notice pat also.
your organisation all approaches are illegal,if he will go for litigation than he will win the match.
regards
j s malik
From India, Delhi
i will call this type of termination as dadagiri.
you have terminated his services on 29 th of the month without following the principle of natural justice and without giving any opportunity to him ,so he can explain himself.this type of termination is illegal .
secondly whatever wages he has earned upto 29 th ,you donot want to
pay that also besides that you donot want to notice pat also.
your organisation all approaches are illegal,if he will go for litigation than he will win the match.
regards
j s malik
From India, Delhi
i like your reply SIR....... well i would like to discuss few other topics... can i have you E-mail address.. Please
From India, Delhi
From India, Delhi
Dear Nishu,
As it has been rightly advised that you need to follow principal of natural Justice while terminating services of an employee.
Even if he has done misconduct, you need to follow the law related to termination as per standing order i.e show casue notice, chargsheet etc...
In any case if you would have got full and final settelment accepted and signed by him you would have got good document to fight the case.
If this man goes to court there are more chances of he getting court order in his fevour with reinstament and you have to pay him all his salary including for the period he did not worked for you with all benefits.
Better call him get his resignation and settel his account. If he has done any fraud, you can lodge police compalaint and follow the principal of natural Justice.
There can be lot in this and can not be discussed till full facts are know i.e. type of misconduct etc..
Regards,
Kamlesh
From India, Mumbai
As it has been rightly advised that you need to follow principal of natural Justice while terminating services of an employee.
Even if he has done misconduct, you need to follow the law related to termination as per standing order i.e show casue notice, chargsheet etc...
In any case if you would have got full and final settelment accepted and signed by him you would have got good document to fight the case.
If this man goes to court there are more chances of he getting court order in his fevour with reinstament and you have to pay him all his salary including for the period he did not worked for you with all benefits.
Better call him get his resignation and settel his account. If he has done any fraud, you can lodge police compalaint and follow the principal of natural Justice.
There can be lot in this and can not be discussed till full facts are know i.e. type of misconduct etc..
Regards,
Kamlesh
From India, Mumbai
Dear Nishu,
If the person is not on probation then you are not suppose to terminate him without assigning any reason. Reason must be specified and duly discussed from the both end along with written communication. Salary must be paid for the period of work done. If the person goes legal then your management will come under problem.
Regards
Pankaj Chandan
From India, New delhi
If the person is not on probation then you are not suppose to terminate him without assigning any reason. Reason must be specified and duly discussed from the both end along with written communication. Salary must be paid for the period of work done. If the person goes legal then your management will come under problem.
Regards
Pankaj Chandan
From India, New delhi
yaw I too agree that u cannot terminate any employee without taking into consideration the principles of natural justice.its always mentioned that u need to conduct the domestic enquiry, the charges of mis-conduct of that employee must be proved on resonable grounds, equally u must provide an opportunity to defend himself and give as many chances as possible, so that later it may not become any issue. my email-I.D 
From India, Vijayawada
From India, Vijayawada
Dear Malikji
Hats off, for giving an appropriate and befitting reply.
HR in private sector, especially in small companies, either do not know about natural justice, or influenced by the company culture of "malik-naukar" (master-servant) tend to forget it.
Hence, it is not at all surprising that after "illegally" (without following the due process) terminating the employee concerned, our member sharmaneesu, wants to know whether the company can dispensed with his salary too !!!
It does sounds funny, though actually it is very sad.
Whatever be the causes leading to temination, there are legal ways to manage the issue at hand, and also the post-termination issues.
Regards.
From India, Delhi
Hats off, for giving an appropriate and befitting reply.
HR in private sector, especially in small companies, either do not know about natural justice, or influenced by the company culture of "malik-naukar" (master-servant) tend to forget it.
Hence, it is not at all surprising that after "illegally" (without following the due process) terminating the employee concerned, our member sharmaneesu, wants to know whether the company can dispensed with his salary too !!!
It does sounds funny, though actually it is very sad.
Whatever be the causes leading to temination, there are legal ways to manage the issue at hand, and also the post-termination issues.
Regards.
From India, Delhi
There is something called Labor law. Your Employment contract or offer letter is not a stamp paper thing. Labor law supersedes everything and it is made to secure and safeguard the Employment fraud and cheating happens in the country. If the Employee has worked then your organization is liable to pay him his salary till his last working day regardless of how severe the punishment it is or how intense mistake he might have did.I was the victim of one such organization and then I had approached the labor court to get it settled. I even received compensation from the Company and an apology letter. If you do illegal business, beware that finally one day you will get hit or your organization on the front page of newspapers tomorrow or on the main page of websites and blogs. I think that the company will not like to get things escalated to this level. Isn't it?
From China, Shenzhen
From China, Shenzhen
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