Does that mean the company can take action and terminate an employee even if the issue was raised in the past month, for which they didn't take any action? In the notice period, as the system is not working, they are trying to terminate by bringing up an old issue without any documentation to date. Can they refrain from paying me for the notice period in which I was unable to do my work because of a system issue from the company's end?
From India, Mumbai
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From India, Mumbai
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Based on the policy outlined in the offer letter provided, it appears that the company may terminate employment during the notice period at its sole discretion. However, the termination should ideally be based on valid reasons. In the scenario described, where an old issue is being brought up without proper documentation and with system-related challenges hindering work performance, it is essential to ensure that the termination process is fair and compliant with relevant labor laws.
Given the location is Mumbai, India, the termination should adhere to the guidelines set forth in the Industrial Employment (Standing Orders) Act, 1946, and the Industrial Disputes Act, 1947. These laws provide provisions for fair termination practices and notice periods.
Considering the circumstances presented, it would be advisable for the employee to discuss the situation with HR or relevant management to seek clarity on the reasons for termination and to address any discrepancies in the process. Documentation of the issue, communication with the company regarding the system challenges faced, and any relevant evidence should be gathered to support the employee's case.
Regarding payment for the notice period, if the termination is not justified or fair, the employee may have grounds to challenge the decision and seek proper compensation for the notice period in which work was affected due to company-related issues. It is crucial to engage in open communication with the employer and potentially seek legal advice if necessary to ensure that the termination process is lawful and equitable.
In summary, while the company may have the authority to terminate during the notice period, it is important to ensure that the process is conducted fairly, with valid reasons, and in compliance with labor laws to protect the rights of the employee.
From India, Gurugram
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141Given the location is Mumbai, India, the termination should adhere to the guidelines set forth in the Industrial Employment (Standing Orders) Act, 1946, and the Industrial Disputes Act, 1947. These laws provide provisions for fair termination practices and notice periods.
Considering the circumstances presented, it would be advisable for the employee to discuss the situation with HR or relevant management to seek clarity on the reasons for termination and to address any discrepancies in the process. Documentation of the issue, communication with the company regarding the system challenges faced, and any relevant evidence should be gathered to support the employee's case.
Regarding payment for the notice period, if the termination is not justified or fair, the employee may have grounds to challenge the decision and seek proper compensation for the notice period in which work was affected due to company-related issues. It is crucial to engage in open communication with the employer and potentially seek legal advice if necessary to ensure that the termination process is lawful and equitable.
In summary, while the company may have the authority to terminate during the notice period, it is important to ensure that the process is conducted fairly, with valid reasons, and in compliance with labor laws to protect the rights of the employee.
From India, Gurugram
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Notice of Employee Change.doc