If a person is working in a company and one day company manager told him that take your all dues and do not come here for work from tomorrow itself.
Is it legal or illegal? May employee can suit a case in court against employer ?
From India, Agra
1Is it legal or illegal? May employee can suit a case in court against employer ?
From India, Agra
Dear
It is not possible. The employer has to follow the due process of law.For workers and employees the law is strict and they can go to labour Court.For supervisory persons they will have to go to Civil Court.The maxim "wherever there is a right there will be a remedy " will strictly apply.
With Regards
E-mail :
Mobile : 9025792684
From India, Bangalore
It is not possible. The employer has to follow the due process of law.For workers and employees the law is strict and they can go to labour Court.For supervisory persons they will have to go to Civil Court.The maxim "wherever there is a right there will be a remedy " will strictly apply.
With Regards
E-mail :
Mobile : 9025792684
From India, Bangalore
Legally No one can say that tomorrow onward you do not come. But practically it happens quite often. HR Managers know that no one wants to spoil the career, and normally put their papers fearing termination. Law says many things...... but.......
From India, Bangalore
From India, Bangalore
No. Not atall possible. Mr.VS Rajan and Mr Sharma has rightly pointed out. At least one is required to give some days notice if not min. 1 months. Person may go to Labour court for relief.
From India, Nagpur
From India, Nagpur
We have seen many layoffs and termination during the recession period without any prior notice or the notice period salary.
From India, Hyderabad
From India, Hyderabad
Hi Rakesh,
It totally depends upon the seriousness of the reason for terminating an employee.
If the reason is due to Integrity /sexual harresement/ theft then the employer can be terminated on immediate effect.
If the reason is for performance, transfer rejections or budget constraints, then the employer has to give a notice period time to the employee.
In both the cases the termination will be non regretted termination.
Regards
Gaurav Vedak
From India, Bangalore
It totally depends upon the seriousness of the reason for terminating an employee.
If the reason is due to Integrity /sexual harresement/ theft then the employer can be terminated on immediate effect.
If the reason is for performance, transfer rejections or budget constraints, then the employer has to give a notice period time to the employee.
In both the cases the termination will be non regretted termination.
Regards
Gaurav Vedak
From India, Bangalore
Dear Member,
It is for the courts to decide whether the termination is illegal or legal. We can only say that this termination seems to be justified or not justified.
In service matters if we see that the termination of service is not accordance with the applicable law or it seems to us that the action of the management is not justified then we seek remedial measures before the appropriate forum. Who is this person working in the company is not known to us? In what capacity he is working? What are his duties? Whether he is covered under the definition of the ‘workman’? Whether Industrial Disputes Act, 1947 is applicable to this company? In my opinion there are two forums for redressal of our grievances i.e. one by approaching the Conciliation Officer under the I D Act, 1947 by raising a demand notice if the person is a workman under this Act & the other is to approach Civil Court if the person is not covered under the definition of the workman under this Act. In the second case if the management terminates the services in breach of the terms & condition of employment then the person can approach the Civil Court as told by other members. In such cases where it is agreed by the parties that either party will give one month notice or payment in lieu thereof then in that case it is not necessary to give notice & either party can give payment in lieu of notice. In the first situation also a workman can be removed from service if have hot worked continuously for period of 240 days in the preceding twelve months. While retrenching a workman we can give payment in lieu of notice under the I D Act & it is always not necessary to serve notice on the employee/workman. Before providing any advice on the issue of service termination one should go through each & every detail before finalizing the course of remedial measure.
Opinion submitted as requested.
With Regards,
R.N.Khola
From India, Delhi
It is for the courts to decide whether the termination is illegal or legal. We can only say that this termination seems to be justified or not justified.
In service matters if we see that the termination of service is not accordance with the applicable law or it seems to us that the action of the management is not justified then we seek remedial measures before the appropriate forum. Who is this person working in the company is not known to us? In what capacity he is working? What are his duties? Whether he is covered under the definition of the ‘workman’? Whether Industrial Disputes Act, 1947 is applicable to this company? In my opinion there are two forums for redressal of our grievances i.e. one by approaching the Conciliation Officer under the I D Act, 1947 by raising a demand notice if the person is a workman under this Act & the other is to approach Civil Court if the person is not covered under the definition of the workman under this Act. In the second case if the management terminates the services in breach of the terms & condition of employment then the person can approach the Civil Court as told by other members. In such cases where it is agreed by the parties that either party will give one month notice or payment in lieu thereof then in that case it is not necessary to give notice & either party can give payment in lieu of notice. In the first situation also a workman can be removed from service if have hot worked continuously for period of 240 days in the preceding twelve months. While retrenching a workman we can give payment in lieu of notice under the I D Act & it is always not necessary to serve notice on the employee/workman. Before providing any advice on the issue of service termination one should go through each & every detail before finalizing the course of remedial measure.
Opinion submitted as requested.
With Regards,
R.N.Khola
From India, Delhi
As you said.. How far this is legal or even justified... depends on the terms of employment and obviously the reason for termination.
In my opinion.. Even if the removal is for poor performance, Employer is justified, if the offer letter / terms of employment specifically provide for this [Generally this happens during probation period].
In such cases, in my opinion, no remedy... sad but fact.
From India, Mumbai
In my opinion.. Even if the removal is for poor performance, Employer is justified, if the offer letter / terms of employment specifically provide for this [Generally this happens during probation period].
In such cases, in my opinion, no remedy... sad but fact.
From India, Mumbai
It depends on the agreements in the offer of employment contract. The most common forms of the offer are a month's notice period from either party ('Employer') and ('Employee'). Whilst the employee is on probation this would be little lower than normal.
When there is a breach of agreement or a legal issue either party may severe relationships with and without a waiver of notice period and/or a compensation amount in lieu of the notice period. But it all depends on the agreement initially signed. You would be requiring you to take help of an experienced attorney to get this clarified in your case.
From United States, Arlington
When there is a breach of agreement or a legal issue either party may severe relationships with and without a waiver of notice period and/or a compensation amount in lieu of the notice period. But it all depends on the agreement initially signed. You would be requiring you to take help of an experienced attorney to get this clarified in your case.
From United States, Arlington
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