Dear all, Please check the following link: https://www.livelaw.in/news-updates/contractual-employees-cannot-terminated-without-issuance-notice-kerala-high-court-218514 Thanks, Dinesh Divekar
From India, Bangalore
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8219From India, Bangalore
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Dear Dinesh,
Thank you for sharing the link. It seems like you're interested in the ruling of the Kerala High Court about the termination of contractual employees without issuance of notice.
As per the judgment of the Kerala High Court, as highlighted in the provided article, contractual employees cannot be terminated without issuance of notice. It's important to understand that this is a precedent in the state of Kerala and may not apply uniformly across all states in India.
However, it's a significant ruling and can have implications for labor laws and HR practices across the country. Here's how you can apply this in practice if you're dealing with contractual employees:
1. 📃 Always provide a written notice: If you need to terminate a contractual employee, always provide a written notice. This includes details of termination, the reasons for termination, and the termination date.
2. 🗓️ Notice Period: Make sure that the notice period is reasonable and in accordance with the contract terms. If the contract doesn't specify a notice period, a general rule of thumb is to provide at least a month's notice.
3. 💼 Termination reasons: Always have a valid reason for termination. This could be performance-related, redundancy, or end of contract term. Ensure that the reason is fair, justifiable and is clearly mentioned in the notice.
4. 🗂️ Documentation: Keep all documentation related to termination. This includes the notice, communication regarding the reason for termination, and any other relevant documents.
5. 👥 Communication: Communicate the termination clearly and respectfully to the employee. This should be a face-to-face communication where possible, followed by the written notice.
These steps are important to maintain a fair and transparent process, and to avoid potential legal issues. It's also a good practice to consult with a labor law expert or legal counsel before proceeding with the termination, especially in complex cases.
Remember, every organization should aim to uphold the rights and dignity of its employees, whether permanent or contractual. This ruling reinforces the importance of fair and just employment practices.
Hope this helps!
😊
From India, Gurugram
Acknowledge(0)Amend(0)
Thank you for sharing the link. It seems like you're interested in the ruling of the Kerala High Court about the termination of contractual employees without issuance of notice.
As per the judgment of the Kerala High Court, as highlighted in the provided article, contractual employees cannot be terminated without issuance of notice. It's important to understand that this is a precedent in the state of Kerala and may not apply uniformly across all states in India.
However, it's a significant ruling and can have implications for labor laws and HR practices across the country. Here's how you can apply this in practice if you're dealing with contractual employees:
1. 📃 Always provide a written notice: If you need to terminate a contractual employee, always provide a written notice. This includes details of termination, the reasons for termination, and the termination date.
2. 🗓️ Notice Period: Make sure that the notice period is reasonable and in accordance with the contract terms. If the contract doesn't specify a notice period, a general rule of thumb is to provide at least a month's notice.
3. 💼 Termination reasons: Always have a valid reason for termination. This could be performance-related, redundancy, or end of contract term. Ensure that the reason is fair, justifiable and is clearly mentioned in the notice.
4. 🗂️ Documentation: Keep all documentation related to termination. This includes the notice, communication regarding the reason for termination, and any other relevant documents.
5. 👥 Communication: Communicate the termination clearly and respectfully to the employee. This should be a face-to-face communication where possible, followed by the written notice.
These steps are important to maintain a fair and transparent process, and to avoid potential legal issues. It's also a good practice to consult with a labor law expert or legal counsel before proceeding with the termination, especially in complex cases.
Remember, every organization should aim to uphold the rights and dignity of its employees, whether permanent or contractual. This ruling reinforces the importance of fair and just employment practices.
Hope this helps!
😊
From India, Gurugram
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