What is Dismissal? :shock:
Is it different from Discharge? :?
When can a workman be dismissed and under what circumstances? :(
What is the difference between termination, discharge and dismissal or are they the same? :?:
Definition of Termination :P
(2 (qa) of Industrial Disputes Act, 1947)
‘Termination’ means discontinuance by the employer of the service of a workman in an industrial establishment situate in the Special Economic Zone declared as such by the Government of India for any reasons whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include,
(a) Voluntary retirement of the workman; or
(b) Retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned; contains a stipulation in that behalf; or
(c) Termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its expiry or such contract being terminated; under a stipulation in that behalf contained therein; or
(d) Termination of the service of a workman on the ground of continued ill-health.
with these questions and many more, i thought of putting this new post.
please share in your viws related to the Topic so that we can all gain by way of shared learning. 8)
hope the following attatchment will help clear some points. :lol:
Warm Regards,
Debashree
From India, Haldia
2Is it different from Discharge? :?
When can a workman be dismissed and under what circumstances? :(
What is the difference between termination, discharge and dismissal or are they the same? :?:
Definition of Termination :P
(2 (qa) of Industrial Disputes Act, 1947)
‘Termination’ means discontinuance by the employer of the service of a workman in an industrial establishment situate in the Special Economic Zone declared as such by the Government of India for any reasons whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include,
(a) Voluntary retirement of the workman; or
(b) Retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned; contains a stipulation in that behalf; or
(c) Termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its expiry or such contract being terminated; under a stipulation in that behalf contained therein; or
(d) Termination of the service of a workman on the ground of continued ill-health.
with these questions and many more, i thought of putting this new post.
please share in your viws related to the Topic so that we can all gain by way of shared learning. 8)
hope the following attatchment will help clear some points. :lol:
Warm Regards,
Debashree
From India, Haldia
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1.12.09 dismissal 13.02.08 appeal.doc