Could someone please suggest on the folowing...
Is it a normal practice for all companies to authorise HR professionals by way of Board resolution so that they can sign termination and appointment letters.
An employee has filed a case against the company for illegal termination...
her allegation is that the person who has signed her termination letter is not authorised by the company to do so though he is Senior Manager HR...
Thus amounting to unfair labor practices for which she is demanding 4 months backwages..
Thanking you,
Regards
Amita
Is it a normal practice for all companies to authorise HR professionals by way of Board resolution so that they can sign termination and appointment letters.
An employee has filed a case against the company for illegal termination...
her allegation is that the person who has signed her termination letter is not authorised by the company to do so though he is Senior Manager HR...
Thus amounting to unfair labor practices for which she is demanding 4 months backwages..
Thanking you,
Regards
Amita
Whether the concerned company's written down policy taks about who are authorized for employee termination?.
If there is no such written down papers for this effect, then HR manager in his capacity can give termination order.
You should clarify terminated employee's designation level.
Chennai.Ibrahim
From India, Hyderabad
35If there is no such written down papers for this effect, then HR manager in his capacity can give termination order.
You should clarify terminated employee's designation level.
Chennai.Ibrahim
From India, Hyderabad
Hi!!!
Thanks for ur reply....
The company's HR policy as such is very broad and general and does'nt speak about HR Managers powers..so we may not be able to take help of it...
Could u plss suggest any way where we could justify that as such all HR managers have the power of termination....
Since we have to prove in court... we need supporting documents or any law which confers rights of termination...
Regards,
Amita
Thanks for ur reply....
The company's HR policy as such is very broad and general and does'nt speak about HR Managers powers..so we may not be able to take help of it...
Could u plss suggest any way where we could justify that as such all HR managers have the power of termination....
Since we have to prove in court... we need supporting documents or any law which confers rights of termination...
Regards,
Amita
Hi, In such cases generally a letter of delegation of powers to HR Manager by board of directors is prepared and filed in courts. S.M. Paranjape,Advocate
From India, Pune
From India, Pune
Dear Seniors
My service was terminated in the year 2006.
1.Before terminating company made an enquiry within office premises.
2.My charge sheet letter was without the sanction of law.
3.The enquiry officer appointed by the company accepted those illegal documents.
4.My service was not governed by Model standing orders(nothing was mentioned in my appointment letter).
5.Enquiry officer accepted an administrative order(back dated) in the proceedings.
6.Before terminating my service I requested company and enquiry officer to give me a chance under Natural Justice but it was refused.
I raised my objection on each and every illegal action taken by the company and the enquiry officer but none of them pay any attention to my plea.
Ultimately they terminated my service.
I approached before the Shops and Establishment Govt of west bengal to get the full remuneration citing an Apex court order,
The Govt authority released an order (rejecting the back dated administrative order ) mentioned their limitation in giving such an order.
They requested me to agitate in some other forum.
Now I approached before the High Court - Kolkata which is now in progress,
Opposite party now raised an objection about the maintainability in law of the case
Can anyone suggest me any relief in this regard?
From India, Calcutta
My service was terminated in the year 2006.
1.Before terminating company made an enquiry within office premises.
2.My charge sheet letter was without the sanction of law.
3.The enquiry officer appointed by the company accepted those illegal documents.
4.My service was not governed by Model standing orders(nothing was mentioned in my appointment letter).
5.Enquiry officer accepted an administrative order(back dated) in the proceedings.
6.Before terminating my service I requested company and enquiry officer to give me a chance under Natural Justice but it was refused.
I raised my objection on each and every illegal action taken by the company and the enquiry officer but none of them pay any attention to my plea.
Ultimately they terminated my service.
I approached before the Shops and Establishment Govt of west bengal to get the full remuneration citing an Apex court order,
The Govt authority released an order (rejecting the back dated administrative order ) mentioned their limitation in giving such an order.
They requested me to agitate in some other forum.
Now I approached before the High Court - Kolkata which is now in progress,
Opposite party now raised an objection about the maintainability in law of the case
Can anyone suggest me any relief in this regard?
From India, Calcutta
Hi
Am working in engeneering company as Jr executive and i have resigned on 18th April and employer as give on 22nd April resignation acceptance letter. They told u can relieve from 22nd April. And they given relieving letter on 15th May. In that they mentioned YOU HAVE BEEN TERMINATED FROM SERVICE. After they are not responding me and they are Not given my settlement also.
Pls help me for this what I have to do pls.
From Australia
Am working in engeneering company as Jr executive and i have resigned on 18th April and employer as give on 22nd April resignation acceptance letter. They told u can relieve from 22nd April. And they given relieving letter on 15th May. In that they mentioned YOU HAVE BEEN TERMINATED FROM SERVICE. After they are not responding me and they are Not given my settlement also.
Pls help me for this what I have to do pls.
From Australia
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Legal Clarification on Termination for Criminal Case & PF Contribution Reduction.pdf
Unlawfull Termination- Case details.docx