Can Employer serve a months notice to an employee as mentioned or not mentioned in appointment letter?
From India, Mumbai
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7From India, Mumbai
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An employee can submit his resignation by serving one month's notice period or pay in lieu thereof if no particular notice period is mentioned in the letter of appointment.
However, an employer cannot terminate the service of the employee simply by giving notice period or salary in lieu thereof. Before terminating an employee's service, several factors need to be considered, such as:
1. Nature of the employee - whether they are a workman or not.
2. Nature of the company and the workforce strength.
3. Tenure of employment.
4. Reason for such termination.
From India, Kolkata
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However, an employer cannot terminate the service of the employee simply by giving notice period or salary in lieu thereof. Before terminating an employee's service, several factors need to be considered, such as:
1. Nature of the employee - whether they are a workman or not.
2. Nature of the company and the workforce strength.
3. Tenure of employment.
4. Reason for such termination.
From India, Kolkata
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Delhi Shop and Establishment Act states that when an employee has served for 3 months, he has to be given one month notice. Other state acts may be checked for such provision. Col.Rathi
From India, Delhi
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From India, Delhi
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Dear Sir,
Termination as a punishment is like a sentence; a sentence causing the economic death of any employee that affects many others, including all family-dependent members. Therefore, taking into account labor jurisprudence and considering it a social obligation, major cases of termination, even those where the principles of natural justice were observed and offenses were concluded in inquiry proceedings, have been turned down by Labor Courts. There is no doubt that any direct action of termination, especially in cases of workmen, is liable to be set aside if the punishment is inflicted in terms of notice pay.
In non-workman cases, the remedy is available in Civil court, which has the right jurisdiction. It is a time-consuming process, and there are various courts to go through until you reach the appropriate legally claimable relief against wrongful dismissal.
Regards,
From India, Delhi
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Termination as a punishment is like a sentence; a sentence causing the economic death of any employee that affects many others, including all family-dependent members. Therefore, taking into account labor jurisprudence and considering it a social obligation, major cases of termination, even those where the principles of natural justice were observed and offenses were concluded in inquiry proceedings, have been turned down by Labor Courts. There is no doubt that any direct action of termination, especially in cases of workmen, is liable to be set aside if the punishment is inflicted in terms of notice pay.
In non-workman cases, the remedy is available in Civil court, which has the right jurisdiction. It is a time-consuming process, and there are various courts to go through until you reach the appropriate legally claimable relief against wrongful dismissal.
Regards,
From India, Delhi
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Generally, service conditions contained in the offer and appointment letter issued to an employee are the governing principles for deliberating any issue when a dispute arises. The law requires that there shall be proper terms and conditions existing between parties as required under the Contract Act. When such terms are not present, disputes are naturally referred to judicial review. It is quite natural for the aggrieved party to seek the interventions of labor courts, tribunals, high courts, or the Supreme Court. Therefore, to ensure that natural justice is met in the matter of termination, one has to examine what the terms and conditions say about the notice and how to proceed when the notice is complied with. In any case, a notice of termination is necessary. The duration of the notice depends on a case-to-case basis. A minimum of one month prior notice or notice pay in lieu of advance notice is required when suitable compensation accompanies it. If there is no compensation package, it is certain that the case will be brought to the doors of justice. Please see the attached analysis for further information.
From India, Bangalore
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From India, Bangalore
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Employer can terminate a group of employees on an immediate basis without pay who do not perform continuously for 2-3 months. Even though it has been communicated that it's a target-based job, the employees in question do not follow offer letter norms. They come late regularly, take unplanned leave, engage in personal activities during office hours, spoil the office atmosphere by gossiping using WhatsApp and personal calls, plan trips on weekdays without company consent, and go on leave without informing the employer, leading to the closure of the office for that particular day. These actions hamper the company's business and result in a no-show to all clients for a day. If the employer obtains proof or if one of the employees confesses to this behavior, CCTV footage can also be used to prove these activities.
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