Termination of an employee
Ms. Ritu Agarwal
(Querist) 05 November 2012
This query is : Resolved
Dear All,
I am in a Steel manufacturing company. Our management found that one of its employees was responsible for non- collection of funds, so they terminate him and informed him that when the irregularities due to him will be solved then only hwe will be paid.
Now, he has forwarded the legal notice through his advocate that he was only given the offer letter but was not issue appointment letter and it is against existing labour laws and that he was terminated without any notice this is also violation of service laws.
Please guide me what to do next, as early as possible. I have been asked to give reply to this notice within 15 days.
Thanking You,
With Regards
Ritu Agarwal
C.S., LL.B.
H. S. Thukral
(Expert) 11 November 2012
You have terminated the employee alleging some irregularities against him without affording him opportunity to explain.This is violation of principles of natural justice. Termination order can be challenged. Your reply should be contract oriented i.e. the services have been terminated as per termination clause in the contract so as to show that it is termination simpliciter.
prabhakar singh
(Expert) 11 November 2012
Yes! the order so passed can be challenged by the employee.He is better placed in circumstances stated since there is no service contract.
Ms. Ritu Agarwal
(Querist) 14 November 2012
Dear Sirs,
Thanks for solving my query. I appreciate the prompt reply from you and it has helped me in drafting my reply.
I have made a reply in the same way, showing that the employee was under the probation period and within that period the employer can terminate the employee without specifying any reason whatsoever.
Thanks once again for the help.
Thanks & Regards,
Ritu Agarwal
C.S., LL.B.
Guest
(Expert) 14 November 2012
What about the terms of offer letter? Have you gone through that to see whether the termination was in compliance with the terms of offer/appointment or not? A show cause notice, as an opportunity to explain his conduct, was necessary to be issued and reply awaited before issue of termination order.
