Dear All, One concern has received summon from labour welfare centre under shop and establishment act. I have go through with this Act. As per this Act If employee had terminated without pay then employer is guilty because at least one month notice must be provided to employee before his/her dismissal. in case of misconduct, employee can be terminated without any notice.

Concern has dismissed employee (without pay his/ her salary) on account of misconduct. Now he has apply to labour welfare centre; civil court has issued summon to concern. Kindly suggest.

What are the ways by which concern can save itself?

Other Acts which are applicable for Service Industry especially for Employee and Employer?

Even as per this act, if no notice is given before dismissal then he can sue for one month salary but I always heard that if employee is terminated then he is liable to receive 3 months salary..

I am getting so much confused on these acts. please help me so I can read other Acts and guide such concern accordingly.

Thanks in advance.

Regards,

Garima

From India, New Delhi
Hi Garima,
There is no provision on the act The resignation with pay or without pay mention in the offer letter at the time of appointment. Request you to share the employment letter to clarify your point.
Regards,
Khaliqur Rahman
+91-9711225760

From India, Delhi
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