1Dear Sir,
I need your kind assistance on the subject. Recently, one of my friend designated as joint manager (salary range approx CTC 56K) & employed with a pvt company at Varanasi has been suddenly issued a two line termination letter with immediate effect without any reasons specified as per the clause mentioned in his appointment letter. Also, on FF he has been paid three month's notice pay that is Basic salary only where as the salary has other more components.
Here, I would like to know that what is the grievance reressal machinery available for such employee who are not covered under ID act or worker? Is the menthod of sudden termination valid without any formal proceedure? Also, paying only 'Basic' salary as notice pay justified? Would he been asked to continue to work till his notice period of three months, he must have received all components agreed as per appointment letter.
Kindly give your valuable comments.
Regards,
I need your kind assistance on the subject. Recently, one of my friend designated as joint manager (salary range approx CTC 56K) & employed with a pvt company at Varanasi has been suddenly issued a two line termination letter with immediate effect without any reasons specified as per the clause mentioned in his appointment letter. Also, on FF he has been paid three month's notice pay that is Basic salary only where as the salary has other more components.
Here, I would like to know that what is the grievance reressal machinery available for such employee who are not covered under ID act or worker? Is the menthod of sudden termination valid without any formal proceedure? Also, paying only 'Basic' salary as notice pay justified? Would he been asked to continue to work till his notice period of three months, he must have received all components agreed as per appointment letter.
Kindly give your valuable comments.
Regards,
From India, Delhi
Hi,
Could you please help me with the legal aspects involved in terminating an employee from an It/ KPO company, so that to ensure that the employee does not file a case back at the company at a later stage.
please revert ASAP. its very urgent.
From India
Could you please help me with the legal aspects involved in terminating an employee from an It/ KPO company, so that to ensure that the employee does not file a case back at the company at a later stage.
please revert ASAP. its very urgent.
From India
The affected person can file a case against his termination. If he wins the case filed against his company, surely the company has to give him employment with retrospective effect.
From India, Kumbakonam
From India, Kumbakonam
yes , i understand that. And keeping that in mind can you tell me what all legal aspects should the company keep in mind to ensure a clean chit after terminating an employee.
can you help me with a authentic termination letter and settlement letter.
What other documentation should the company do?
please help.
From India
can you help me with a authentic termination letter and settlement letter.
What other documentation should the company do?
please help.
From India
Also, By when should the company give the employee his severance pay? How much & by When ? (legally) When should the company issue his last paycheque? (as per law)
From India
From India
Dear Friend,
The definition of Workmen is very wide, in view of this the nature of work performed by the employee determined whether the person comes under ID Act or not. I suggest you to let your friend approach concilliation officer and argue his case.
In case Your friend is not covered under ID Act, he may approach Civil Court for breach of Contract and appropriate Damages.
Regards
From India, Vadodara
The definition of Workmen is very wide, in view of this the nature of work performed by the employee determined whether the person comes under ID Act or not. I suggest you to let your friend approach concilliation officer and argue his case.
In case Your friend is not covered under ID Act, he may approach Civil Court for breach of Contract and appropriate Damages.
Regards
From India, Vadodara
Dear Subhash,
For employees not covered under ID Act ,legal remedies are available in civil laws. Removal/termination from employment can be challenged in the civil courts if all benefits due to them are not settled and all employment conditions are not met. Reinstatement is not possible. Instead of reinstatement, they can claim damages and compensation.
regards,
Kamal
From India, Pune
For employees not covered under ID Act ,legal remedies are available in civil laws. Removal/termination from employment can be challenged in the civil courts if all benefits due to them are not settled and all employment conditions are not met. Reinstatement is not possible. Instead of reinstatement, they can claim damages and compensation.
regards,
Kamal
From India, Pune
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf
Legal Opinion Note.doc