Termination of an employee

I am unable to follow your SMS.

I have a friend who was working in a BPO for 5years. He had received CAP (Letters given to employees if they are not doing their work properly. He had received a third cap letter on April 6 so if he has any more errors in work within 180 days he would be terminated. He also used to go to office late but used to cover up his time in office by extending shift. He received a termination letter on June 20 stating they have received complaint from their client. Could you please advise if this is the correct way of termination of employment?

For confirmed employees 21 leaves in a year to be taken on pro rata basis (@ 1.75 leaves per month, so at the end of 2 months you can take 3 leaves)

Attendance Policy: Late comings are major issues in certain cases. There are some specific checks & balances in place Employees may be late by maximum 15 minutes.In case an employee arrives late once or twice in a month without prior notice to the team leader or team manager, a verbal warning is to be given.If ever an employee is late a third time in a month, a half day leave is to be deducted. If the employee is still on probation, a half day salary will be deducted.For every consecutive day of lateness in the same month, a half day salary is to be deducted.

Company had warned him thrice by issueing him three letters even then he was in habitual of coming late to the office and also the complaints from the clients against him , as the company warned him time to time about his conduct and performance but he didn't improve, it is a serious issue which a company didn't bear where the reputation of the company declines because of an indeciplined employee, company can take strict deciplinary action against him by terminating his service .

 

Counsel your friend to mend his ways.

He has been reporting for duty late and was habitual late comer.

Probably CAP implies for Compliance Issues...........................and CAP 3 implies 3rd memo was issued. Did he reply to all of the memo on compliance issues.

Probably TOS stands for time on service....................Did the company issue any stinker/memo for non reporting for duty on scheduled time and did he reply?

Is it stated in HR policy that employee that reports late on a day has to complete………………………hours (duty is 8hrs/day and 48 hrs/week…………………..and above it OT is applicable). If he has been made to work for more than duty hours he may rake up the issue of OT.

You have posted that reason of termination mentioned in termination order is 'Complaint by client and behavioral issues'..............................Did the company provide copies of such complaints and issues and conduct any inquiry?

The charge leveled in CAP and termination order seems to be different.

As per your post no opportunities of hearing, natural justice seem to have been granted for the charges leveled in termination order?

The employee is located in which state?

What was his designation and nature of duties?

Was his service confirmed in writing?

The Redg. office of the company is located in which state?

 

How many people are employed in it?

Has the company supplied FnF statement for verification and acceptance and transferred FnF wages in Bank A/c?

If yes decline to accept it terming it as incorrect and claiming that it has been sent and received under protest. 

The FnF wages are to supplied with service certificate on day of termination.

Does the company have its certified standing orders (CSO) and are these displayed near entrance?

BPO are covered by Shops and Commercial Establishments Act and standing orders (SO) are applicable. If SO are not certified Model Standing Orders shall apply. You may go thru SEc13-18.

Does the employee have copy of HR policy/HR Manual, Service Rules and Regulations mentioned in appointment letter, policy of compliance issues, list of misconduct issued by company etc? If NO download it and keep the printed version in file.

 If the charge leveled in termination order is not listed in list of misconduct in CSO/SO then it may not be accepted as Misconduct.

You need to consult a competent and experienced Labor Consultant/Service Lawyer with copies of all docs on record and give inputs in person and understand the merits.............

The charge leveled in termination order are serious and can affect the future employability...................................and if the lawyer opines that it is possible to get it called back then you should try for it.

Companies usually make mistakes/errors in such matters that your lawyer can point out and file for calling back the order of Termination citing it as a bad order.

Approach your labor consultant/service lawyer AS AP.

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Thank you all for replying. Mr Kumar Doab, your answer has given hope to us to fight for it. He is in New Delhi. He was not given Fnf wages or Service certificate on the day of termination. He was told he would receive FnF after 35 days and was asked to sign termination acceptance.We are more concernd about his career. He was a confirmed employee working as Senior Associate in one of the big BPOs in India. He was not given any written letter for behavioural issue. Please advise from where could we get contact details for service lawyer or labour consultant.

Claim that he was forced to sign on the copy of termination order and his signature on Termination letter indicates ‘Only’ that he has received a copy and not that he has accepted the Termination Order!

He has worked for 5Y and is eligible for payment of Gratuity. The company has to supply the Notice of Determination of gratuity and payment o Gratuity within 30 days……………………..even if no application for payment of Gratuity is made by employee…………………….

He may not apply for withdrawal of PF, Gratuity or any Terminal benefit………………………

 

If company tenders Payment of Gratuity demand copy of payment certificate showing amount released by Insurer/FI say LIC…………………….or Trust of the company if it has………………….with calculation of amount deposited by company and interest accrued on it………………..

Company can not keep even a penny from amounts released from Gratuity A/c of the employee even if amount calculated by Formulae of calculation of Gratuity is less than amount released by FI/LIC…………..

It is believed that Delhi has not Granted any exemption from standing orders…………….

Delhi Shops and Commercial Establishments Act is so employee friendly.

 

You can demand certified copy of service card too……………………..and to examine the personnel file maintained by the company...................

 

https://www.delhi.gov.in/wps/wcm/connect/doit_labour/Labour/Home/Acts+Implemented/Details+of+the+Acts+Implemented/The+Industrial+Employment++Act,+1946/The+Industrial+Employment+%28Standing+Orders%29+Central+Rules,+1946

Form V

Service Card

 

 

 

You can access Lawyers/Law firms/Labor Consultants par excellence at Delhi.

If you wish to avail the service of LCI lawyer you can conduct the search at:

https://www.lawyersclubindia.com/lawyers_search/#.U65Vu5SSwb8

You shall have to finalize your T&C with your lawyer on your own.

 

 

The experts above have very well addressed the query, nothing more to add.