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Termination

(Querist) 31 May 2011 This query is : Resolved 
Dear sir,

Throw some light on legal termination of permenant employee from his services as per labour laws.

Thansks & regards,

Rizwan Pathan
M.Sheik Mohammed Ali (Expert) 31 May 2011
actually as per law before termination of employee give the notice with one month of time.
Guest (Expert) 31 May 2011
Before legal termination of permenant employee ,give one month notice ..

For further reading go to this site:
www.yourhrworld.com/.../18125-legal-consequences-termination-employment-during-notice-period.html
www.consumercomplaints.in/.../termination-of-employment-c426299.html
http://www.citehr.com/research.php?q=PROCEDURE-FOR-TERMINATION-OF-EMPLOYMENT
H. S. Thukral (Expert) 31 May 2011
Labour laws are not applicable to all the employees. Industrial Dispute Act is applicable to employees who fall in the category of workmen. Every termination except for misconduct and on health grounds is called retrenchment of employee which has to be resorted to after following procedure given in the Act. A permanent workman can not be terminated by one month notice though the employment contract may provide so.

Ahmed Daud Girach (Expert) 01 June 2011
It assumed that u are not a government department.Then either ID act for industrial employement or for other emmployement Shop and establishment Act applies.As a general rule if permanent employee is to be terminated he should be given one month notice as per terms of employement order.If termination is for misconduct then chargesheet must be issued departmental inquiry must be held and as punishment termination order can be issued.Regular employee can not be terminated without issuing a chargesheet and giving opportunity of being heard.
Jai Karan Nagwan (Expert) 01 June 2011
There is difference between termination and discharge. termination is generally implied as punitive, if punitive action is taken, it has to be with due process of law. There shall be proper notice, hearing and domestic inquiry. on the other hand the employees who are deemed and accepted his guilt, can be substituted with discharge rather than termination. legal procedure is notice of one / three months notice or pay in liue, retrenchment, gratuity, leave encashment etc. please note employer has to follow the first come and last go theory. otherwise court can award re-instatement with or without wages.
Guest (Expert) 04 June 2011
Dear Rizwan,

Instead of getting the mixed-up response on hypothetical question, better mention in which organization/ department of Government or a public limited company or private limited company, etc., you are working and what are your conditions of service as provided in your offer letter at the time of joining service.
Advocate. Arunagiri (Expert) 04 June 2011
As per the ID act, the permanent employees are eligible for one month notice or in lieu thereof.

But, if there is any other personal agreement in force, that will supersede the ID Act.
Rizwan Pathan (Querist) 04 June 2011
Thanks to all the expets for provide me a very useful information

Dear Arunagiri Sir,

Suppose if there was a contact/agreement of services between empoyer & empoyeee under witch they are agreed for an contact,As per that empoyee is provided his services to empoyer and empoyer provided remuneration to hm, in this case if there will be a case of termination then ID act will be used or supersede,

Thanks & regards,

Rizwan Pathan



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