Termination of serviced

shyam lal (Querist) 26 January 2024 This query is : Resolved
A employer wants to terminate sevices of employe but has never issused a employment/contract letter.
What the legal way out ? as per labour Laws/wages act

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Sudhir Kumar, Advocate (Expert) 26 January 2024
query is vague.

whether the employer is in govt /private sector? reply is different in both cases?
what grounds the employer is taking to terminate?

T. Kalaiselvan, Advocate (Expert) 26 January 2024
It can be construed that the employment was based on oral orders, especially if the employee had drawn salary.
Therefore the employer and employee relationship is established, now the employer can terminate the services on the basis of oral employment terms and conditions.

shyam lal (Querist) 26 January 2024
Expert Kalaislvan your awnser makes sense.
Advocste Sudhir to my vague query what are the two different anwsers.

Reason of termination absent for to long without permmision..

T. Kalaiselvan, Advocate (Expert) 26 January 2024
If the employer is unhappy with the behavioral attitude and indiscipline act of the employee, the action of terminating the employment is justified.

shyam lal (Querist) 27 January 2024
Indiscipline is more than any other crime for the cause of termination very well said Expert Kalaiselvan..

Sudhir Kumar, Advocate (Expert) 27 January 2024
if he is private employee then the terms will be govered by agreement of job read with sanding order

if govt employees then purely by statutory rules which prohibit termination based on indiscipline as a shortcut to disciplinary action. In disciplined has to be proved in inquiry and simple termination is no alternative.