Dear All Please someone guide us, legally can we terminate/suspend any employee’s ? If yes than what is the processes & if no than why not? Thanks, Regards, J.N.Modi
From India, New Delhi
17From India, New Delhi
Dear Mr. D.Kumar,
Thanks you very much, yes As per ID Act.1947 Purpose of the retrenchment it is required that the workman must have been employed for a period of not less than twelve month and that during those twelve month he had worked for not less two hundred and forty days.
But my confusion is, as per appointment letter or any factory covered in Standing Order Act 1946 what is Notice Period? This point always use by employer.
Thanks,
Regards,
J.N.Modi
From India, New Delhi
Thanks you very much, yes As per ID Act.1947 Purpose of the retrenchment it is required that the workman must have been employed for a period of not less than twelve month and that during those twelve month he had worked for not less two hundred and forty days.
But my confusion is, as per appointment letter or any factory covered in Standing Order Act 1946 what is Notice Period? This point always use by employer.
Thanks,
Regards,
J.N.Modi
From India, New Delhi
Dear All,
As per Industrial Disputes Act1947,
"Workman" means any person (including an apprentice employed in any industry to do manual, unskilled, skilled, technical, operational, clearical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceding under this act in relation to industrial dispute, includes any such person woh has been dismissed, discharged or retrenched in connection with, or as a consequence of that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person (i) who is subject to the Air Force,1950 (45 of 1950) or the Army Act 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957)or (ii) who is employed in a supervisory capacity draws wages exceeding Ten thousand mensem or exercises, either by the nature of the duties attached to the office or by reason of the power vested in him, funciton mainly of Managerial Nature.
Thanks,
Regards,
J.N.Modi
From India, New Delhi
As per Industrial Disputes Act1947,
"Workman" means any person (including an apprentice employed in any industry to do manual, unskilled, skilled, technical, operational, clearical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceding under this act in relation to industrial dispute, includes any such person woh has been dismissed, discharged or retrenched in connection with, or as a consequence of that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person (i) who is subject to the Air Force,1950 (45 of 1950) or the Army Act 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957)or (ii) who is employed in a supervisory capacity draws wages exceeding Ten thousand mensem or exercises, either by the nature of the duties attached to the office or by reason of the power vested in him, funciton mainly of Managerial Nature.
Thanks,
Regards,
J.N.Modi
From India, New Delhi
Please refer ID Amendment 2010 also ... one thousand six hundred rupees mensem or exercises is increased to Rupees ten thousand .....
From India, Madras
From India, Madras
Hi
As for as staff cadre you can do as per appointement clause notice period. workemen you required to support,the reason you are doing so., otherwise this will be challanged by the workmen in the labour forum, which will give reinstatement also in later stage. In any case you have to follow the natural justice & procedure irrespective of any cadre
From India, Madras
As for as staff cadre you can do as per appointement clause notice period. workemen you required to support,the reason you are doing so., otherwise this will be challanged by the workmen in the labour forum, which will give reinstatement also in later stage. In any case you have to follow the natural justice & procedure irrespective of any cadre
From India, Madras
Dear Mr. Modi
Yes you can terminate a employee with a valid reson and with a prodisure.
First you have to give him Charge Sheet. In this Charge Sheet you can mention all charges, misconduct , mis behaviours and other's. than you can conduct an inquiry on him. after the inquiry result you can terminate him.
this is the way in which you can terminate a employee legaly.
thanks
Purushottam dass Matta
astt. Manager (HR)
From India, Alwar
Yes you can terminate a employee with a valid reson and with a prodisure.
First you have to give him Charge Sheet. In this Charge Sheet you can mention all charges, misconduct , mis behaviours and other's. than you can conduct an inquiry on him. after the inquiry result you can terminate him.
this is the way in which you can terminate a employee legaly.
thanks
Purushottam dass Matta
astt. Manager (HR)
From India, Alwar
Dear Mr.Purushottam dass Matta,
Thanks I agree with you, but my confusion is, as per appointment letter or any factory covered in Standing Order Act 1946 what is Notice Period? This point always use by employer.
Thanks,
Regards,
J.N.Modi
From India, New Delhi
Thanks I agree with you, but my confusion is, as per appointment letter or any factory covered in Standing Order Act 1946 what is Notice Period? This point always use by employer.
Thanks,
Regards,
J.N.Modi
From India, New Delhi
Dear Modi ji
Notice Period is that time which is mentioned in offer letter/appointment letter as per your company policy/standing order bonded for both side (employee and employer side).
if employer is not satisfy with emloyee's work,behaviour,performance than emloyee can say him for to search a new job. that time is Notice period for a emloyee.
in this if emloyer immediate sack him than emloyer have to pay a amt to him as per offer/appointment letter.
if employee gets a good opportunity than he have to give notice to employer .Mean while that emloyer can search employee's replacement and training of new employee.
for any other query pls contact me on my mobile no. 09352331667
Purushottam Dass Matta
From India, Alwar
Notice Period is that time which is mentioned in offer letter/appointment letter as per your company policy/standing order bonded for both side (employee and employer side).
if employer is not satisfy with emloyee's work,behaviour,performance than emloyee can say him for to search a new job. that time is Notice period for a emloyee.
in this if emloyer immediate sack him than emloyer have to pay a amt to him as per offer/appointment letter.
if employee gets a good opportunity than he have to give notice to employer .Mean while that emloyer can search employee's replacement and training of new employee.
for any other query pls contact me on my mobile no. 09352331667
Purushottam Dass Matta
From India, Alwar
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20200320_Adviso ry MinistryOfLabou r-Not To Terminate-Emplo yeesOrReduceWag es.pdf