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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This discussion explores the complexities of terminating an employee's services when no formal employment contract or letter was issued. It highlights that an employer-employee relationship can still be established through oral agreements and salary payments. The advice suggests that termination can be based on oral terms, particularly for reasons like indiscipline or behavioural issues, but stresses the importance of proving such grounds, especially in the public sector where formal disciplinary procedures are often required.

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.

shyam lal (Querist) 27 January 2024
Good thanks Sudhir Kumar

T. Kalaiselvan, Advocate (Expert) 27 January 2024
You are welcome for your understanding.

Sudhir Kumar, Advocate (Expert) 05 February 2024
if you ask persons to query directly they will be able to share more relevant facts.

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