rajashri (Assitant) 15 October 2010

Termination justification

Dear Sir

I am working one of MNC company from last 10 yeras, similary one of my staff Named Mr.Zuber also doing job from last 10 years. on last 15th of September one of my colleague Mr.Hiren from other department has alleged that Mr.zuber has demand commission Rs 70000 from fabricator who is constrcting shed for companeis incoming new factory for Plastic sheet production. On these ground company has asked Mr.Zuber not to come on duties from last 17th of September till date without written notice and yet the ,matter is pendinmg without any decision. According to Mr.Hiren he has one mobile conversation recoring as proof against Mr.Zuber, now contrast thing is that fabricator has denied that Mr.Zuber has ever asked any commission to him and even Mr.Zuber has such mobile recording conversation where fabricator denied that MrZuber has asked the commission to him and now company planning to terminate Mr.Zuber . in such case what are the legal options to save his job.

Thanking You

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5 Replies

(Guest)

Notice is a must.Its an open and shut case.

H. S. Thukral (Lawyer) 15 October 2010

If the employer terminates the service as per terms of contract without resorting to a disciplinary action, then Mr. Zuber do not have a remedy but if the employer resorts to an inquiry then Mr. Zuber shall be able to defend himself and save his job.

V. VASUDEVAN (LEGAL COUNSEL) 15 October 2010

Even though the terms of contract provides for termination, it can't be done without a valid reason and a fair opportunity. Being a Multinational Company, the company ought to have a Code of Conduct/Business Principles and must hold an enquiry after fair investigation and the enquiry should be conducted by senior managers/committee with impartial members.

vasudevan

rajashri (Assitant) 18 October 2010

Thank you sir for your guidance.

As per our committee decission Mr Zuber is dismissed. Please tell me if he is applicable for getting graduity? It is required to give him one month notice as per labour law?

V. VASUDEVAN (LEGAL COUNSEL) 19 October 2010

The brief details of the findings and the termination should be communicated to him by a written communication. If he is entitled for a notice period, notice period pay and also the gratuity and other normal benefits may be paid.

vasudevan