Removal of Employee
Avinash Abhyankar
(Querist) 19 March 2008
This query is : Resolved
Dear Member
In one company after probation of 6 months employee become permanent at his post. However, after the period of 1 month (after 6months of probation), Managment asked him asked him to go out.
Will this come in four corners of law? Is is tenable, that suddenly Mgt. remove any employee from the organisation? Is there any mim notice period require, before such removal?
Can that employee demand any compensation for the same?
H. S. Thukral
(Expert) 19 March 2008
If the employee falls in the category of the workman as defined in section 2(s) of the ID Act, and has completed 240 days of service in a year, his services can not be terminated without following procedure contained in section 25F of the Act. However if it is termination simpliciter on less than one year of service no remedy is available in ID Act unless the termination is malafide and it casts a slur on the career of the employee. In Civil Law it has been held that services of a permanent employee can not be terminated by a simple notice.
