hello dear counsellors,
what is the specific time period within which the dismissed employee should be given the dismissed letter?
Is there any binding time period for that
can the employee go to court regarding non receival of his dismissed letter
please clarify
with regards
keshava
From India, Bangalore
what is the specific time period within which the dismissed employee should be given the dismissed letter?
Is there any binding time period for that
can the employee go to court regarding non receival of his dismissed letter
please clarify
with regards
keshava
From India, Bangalore
normally there is 30 days period. but it depend on the approintment letter conditions and terms of the employement. Further more it also depends on the company policy. zafar
From Pakistan, Karachi
5From Pakistan, Karachi
Hi Keshav,
From your post, i was not able to find whether you belong to manufacturing, services , IT or ITES.
If you belong to manufacturing industry, issuing dismissal orde to an employee is a sensitive issue and even MNCs and powerful employers in India have faced serious after effects of dismissals.
It is advisable to follow the prevailing Industrial Relations Act.
Do you have a registerd standing orders or rules of conduct for your concern? Have you issued charge sheet and conducted domestic enquiry.
When you issue dismissal letter, employee can go to labour court, so better consult a labour lawyer before taking any steps.
Also if the employee is part of a labour union then you need to check with the office bearers too ( better to arrive at a consensus)
best of luck
From India, Bangalore
From your post, i was not able to find whether you belong to manufacturing, services , IT or ITES.
If you belong to manufacturing industry, issuing dismissal orde to an employee is a sensitive issue and even MNCs and powerful employers in India have faced serious after effects of dismissals.
It is advisable to follow the prevailing Industrial Relations Act.
Do you have a registerd standing orders or rules of conduct for your concern? Have you issued charge sheet and conducted domestic enquiry.
When you issue dismissal letter, employee can go to labour court, so better consult a labour lawyer before taking any steps.
Also if the employee is part of a labour union then you need to check with the office bearers too ( better to arrive at a consensus)
best of luck
From India, Bangalore
I think your question is itself wrong. There are two modes of termination of services of any employee either orally or in writing.
Law does not permit oral termination and in case of written termination as in your case, before issuing the dismissal letter to the concerned employee you need to conduct the disciplinary enquiry in the charges in which your company is wishing to terminate him.
I can suggest alternate remedies if u can provide the following details:-
• Whether he was permanent employee
• Post held
• Reason for dismissal.
Regards
Prasad
From India, Mumbai
Law does not permit oral termination and in case of written termination as in your case, before issuing the dismissal letter to the concerned employee you need to conduct the disciplinary enquiry in the charges in which your company is wishing to terminate him.
I can suggest alternate remedies if u can provide the following details:-
• Whether he was permanent employee
• Post held
• Reason for dismissal.
Regards
Prasad
From India, Mumbai
Hi Keshav,
why do you want to delay in serving the dismissal letter? In fact there should not be any delay for whatsoever reason. Even if some reasonable delay has occured due to some valid reason , no further delay should take place. there is no period prescribed by law on this point. but this issue shall come up for judicial scrutiny if the dismissed employee approaches the court of law against the dismissal order. so keepimg in mind the attitude of the judiciary the mgmt. should not delay at all in issuing the dismissal letter. Delay indicates so many things to judiciary. it may mean that u wanted to scare the employee and wanted him to come to senses; mgmt. had serious concern for his family members because he is the only bread earner for his family; mgmt. wanted to enlarge the impact of dismissal by withholding the issue of dismissal letter for a long time and so on. so you have to see all the reasons which the court will also look into. Mgmt. has no legal right to keep an employee on tenetr hooks by delaying the issue of dismissal letter. In my opinion unreasonable delay would definitely go against the mgmt. and the dismissal may be revoked by the court. because the court is pro-employee when it comes to dismissal of an employee until and unless the reasons for dismissal are very strong and genuine.
I hope i have been able to answer ur query. if u still feel more clarification on this issue you may revert back on this forum. i shall be glad to enlighten you further.
Regards,
Yours Truly,
Citemember HR,
SATISH KUMAR
SR. MANAGER (HR)
NTPC Foundation, Noida
From India, Delhi
why do you want to delay in serving the dismissal letter? In fact there should not be any delay for whatsoever reason. Even if some reasonable delay has occured due to some valid reason , no further delay should take place. there is no period prescribed by law on this point. but this issue shall come up for judicial scrutiny if the dismissed employee approaches the court of law against the dismissal order. so keepimg in mind the attitude of the judiciary the mgmt. should not delay at all in issuing the dismissal letter. Delay indicates so many things to judiciary. it may mean that u wanted to scare the employee and wanted him to come to senses; mgmt. had serious concern for his family members because he is the only bread earner for his family; mgmt. wanted to enlarge the impact of dismissal by withholding the issue of dismissal letter for a long time and so on. so you have to see all the reasons which the court will also look into. Mgmt. has no legal right to keep an employee on tenetr hooks by delaying the issue of dismissal letter. In my opinion unreasonable delay would definitely go against the mgmt. and the dismissal may be revoked by the court. because the court is pro-employee when it comes to dismissal of an employee until and unless the reasons for dismissal are very strong and genuine.
I hope i have been able to answer ur query. if u still feel more clarification on this issue you may revert back on this forum. i shall be glad to enlighten you further.
Regards,
Yours Truly,
Citemember HR,
SATISH KUMAR
SR. MANAGER (HR)
NTPC Foundation, Noida
From India, Delhi
we have sent the dismissal letter after ten months of dismissal to the employee as he had continiously requested for the status of his employment as he has not been permitted to enter to factory since so many months.
can he go to labour court?
i have just been promoted to Sr. managers post.
please clarify
From India, Bangalore
can he go to labour court?
i have just been promoted to Sr. managers post.
please clarify
From India, Bangalore
hi
Law does permit the dismissal with a notice of atleast 30 days or equivalent amount in lieu of 30 days notice.
It can be more than the 30 days of notice if appointment letter specifiec so.
If an employee is on probation and as per appointment letter during this period he can be terminated without any notice.
do let me know if you really want to know more.
Regards
From India, Mumbai
Law does permit the dismissal with a notice of atleast 30 days or equivalent amount in lieu of 30 days notice.
It can be more than the 30 days of notice if appointment letter specifiec so.
If an employee is on probation and as per appointment letter during this period he can be terminated without any notice.
do let me know if you really want to know more.
Regards
From India, Mumbai
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