Can any one please tell on what terms and conditions a worker working from more then 8 years can be terminated, what should be our opinion on that.
Dear Ambrish,
Your question needs clarity as to your requirement whether on what basis can be the termination, whether what should be the procedure for the termination or what monetary compensation legal or otherwise shall be admissible at the time of termination?
S.K.Johri.
From India, Delhi
84Your question needs clarity as to your requirement whether on what basis can be the termination, whether what should be the procedure for the termination or what monetary compensation legal or otherwise shall be admissible at the time of termination?
S.K.Johri.
From India, Delhi
Please specify the reason for terminating a worker who has worked with the company for than 8 years. Without specifying the reason it would be hard for the forum to give an appropriate view. If you on behalf of the company is planning to terminate the worker please ensure that proper procedures are followed.
From India, Ahmadabad
From India, Ahmadabad
as new in HR i just want to know on what conditions, a worker can be terminated, i just want to know this as information
There are many conditions wherein the workers can be terminated e.g. code of conduct i.e. misconduct
From India, Ahmadabad
From India, Ahmadabad
Dear Ambrish,
You have asked a very general question. Some data/information is missing. However, based on the information given by you, I will try to give a broad guidelines which are to considered before proceeding for termination.
1. Whether the employee is a permanent employee or a casual/badli/apprentice/trainee/contractual employee. Based on this, you will have to assess the service conditions on which he was offered employment. Whether your establishment has its own Certified Standing Orders or it is following the Model Standing Orders which guide the services of the employee concerned.
2. No employee should be terminated without giving him ample opportunity to defend himself and prove not guilty, i.e. issued chargesheet mentioning therein the misconduct(s), clause under which charges come under the category of misconduct, ask for explanation, constitute Inquiry if reply not found satisfactory, Appoint Inquiry Officer(IO) & Presenting Officer/Mgr. Reptv., allow the charged workman to take assistance of a co-worker, if he so desires to defend himself, wait for findings of IO. If you fail to adhere to these formalities in its right spirit, it is just likely that you will loose a case when brought before a Competent Court / Labour Enforcement Machinery, which will give a bad name to you as a HR Manager and also your organization/establishment.
3. After observing the disciplinary procedures, and inquiry report in which the IO has found and proved the charged employee guilty of the charges, obtain specific orders from Disciplinary Authority/ Competent Authority for removal of employee from service.
If this procedure is followed, any employee who has committed a misconduct which warrants for removal from service, you can go ahead. But this should be the last resort, other deterrent punishments can be resorted to like demotion to a lower grade, stoppage of one to three annual increments with or without cumulative effect, so on and so forth as per provisions in the Standing Orders applicable.
Termination will not only punish the employee but also his family. So think twice/thrice before going for it.
AK Jain
HR Personnel, NCL
From India, Jabalpur
You have asked a very general question. Some data/information is missing. However, based on the information given by you, I will try to give a broad guidelines which are to considered before proceeding for termination.
1. Whether the employee is a permanent employee or a casual/badli/apprentice/trainee/contractual employee. Based on this, you will have to assess the service conditions on which he was offered employment. Whether your establishment has its own Certified Standing Orders or it is following the Model Standing Orders which guide the services of the employee concerned.
2. No employee should be terminated without giving him ample opportunity to defend himself and prove not guilty, i.e. issued chargesheet mentioning therein the misconduct(s), clause under which charges come under the category of misconduct, ask for explanation, constitute Inquiry if reply not found satisfactory, Appoint Inquiry Officer(IO) & Presenting Officer/Mgr. Reptv., allow the charged workman to take assistance of a co-worker, if he so desires to defend himself, wait for findings of IO. If you fail to adhere to these formalities in its right spirit, it is just likely that you will loose a case when brought before a Competent Court / Labour Enforcement Machinery, which will give a bad name to you as a HR Manager and also your organization/establishment.
3. After observing the disciplinary procedures, and inquiry report in which the IO has found and proved the charged employee guilty of the charges, obtain specific orders from Disciplinary Authority/ Competent Authority for removal of employee from service.
If this procedure is followed, any employee who has committed a misconduct which warrants for removal from service, you can go ahead. But this should be the last resort, other deterrent punishments can be resorted to like demotion to a lower grade, stoppage of one to three annual increments with or without cumulative effect, so on and so forth as per provisions in the Standing Orders applicable.
Termination will not only punish the employee but also his family. So think twice/thrice before going for it.
AK Jain
HR Personnel, NCL
From India, Jabalpur
Termination, that too of an employee who put in 8 years of service is not as easy as the one that can be effected by a stroke of pen.When a member asks questions of such far reaching consequences of loss of livelihood, it is expected of them to provide complete details so as to enable the other members to respond specifically.The law on termination is so vast and varied, it is not possible to cramp all that information here solely for knowledge sake since there can be myriad situations and reasons. If you have an appetite for knowledge on the legal perspective of termination, I suggest you to consult a good book on the law of termination,
B.Saikumar
In-House HR & IR Advisor
Navi Mubai
From India, Mumbai
B.Saikumar
In-House HR & IR Advisor
Navi Mubai
From India, Mumbai
Dear Ambrish,
Based on the reason you've cited, I think that you could have framed your question with a positive note so that we can present our answers too positively. In this regard I suggest the book titled " LAW OF DISCHARGE AND DISMISSAL " authored by Sri D.R.K.RAO and published by M/s Sitaraman&Co., 37,Royapettah High Road, CHENNAI - 600014.
From India, Salem
Based on the reason you've cited, I think that you could have framed your question with a positive note so that we can present our answers too positively. In this regard I suggest the book titled " LAW OF DISCHARGE AND DISMISSAL " authored by Sri D.R.K.RAO and published by M/s Sitaraman&Co., 37,Royapettah High Road, CHENNAI - 600014.
From India, Salem
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Termination-emp loyment_563.pdf
Termination letter.doc