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Shiva Kumar N (NIL)     26 December 2011

Termination

i came to know through known circles that i may be terminated from the services, working in a pvt ltd company on the grounds of some company policy. What am i to do :

1. Can i ask for the details of the ground / basis of my termination ? since the termination orders are generally received through official email and what are the questions that i can ask in the return mail ?

2. Will i be asked to come to office daily ? and what do they pay me in return and for how many days ? Will all the HR policies of the company apply then like leave etc etc

3. What is the time of termination ?

4. Can i be rein-stated back ?

5. Can i take to any legal course or  help of human rights commission or labour department.

6. All the benefits like the Gratuity, PF and balance leave encashments are eligible ? if not, then what is the remedy ?

7. Any other suggestions ?



Learning

 4 Replies

Shiva Kumar N (NIL)     26 December 2011

Instead of termination how about when it is Suspension ?

Kumar Doab (FIN)     26 December 2011

 

Employee in such a case would have first hand feel of what is what. If you can explain the real situation it shall be better.

Kindly look into the attachments.

Some one has whispered to you that you may be terminated. Company can resort to the termination under various circumstances. Company expresses conditions/circumstances/situations vide which employment can be terminated. It also includes "without assigning any reason".

In case of performance, discipline, integrity........... related issues line management/HR leaves enough hints by way of meeting, emails, stinkers, and may issue memo/show cause notice.

Have you been issued verbal challenge, included in PMP? 

A wise employee should look for alternatives, future ventures before the situation becomes ugly or emergency.

The company/HR may start whisper campaign when they have tested the employees and have decided to replace, and want majority of the employees to leave on their own by way of resignation, coerced resignation.

1. Yes in both cases. You shall get hard copy also duly signed by competent employee. If your company is not in the habit of supplying the hard copy but if you have decided to get it, you can demand. If the company/HR agrees to not to give negative feedback in future, you may take a call on this. The termination order by email or letter shall be positively placed in personnel file of the employee.

2. Company may specify in termination notice, that employee may not visit office. In case of termination order with immediate effect relationship is severed and employee does not have to attend office.

3. Termination can be by way of notice or with immediate effect.

4. Yes. If there is merit in your case and termination order is bad. Competent and expereinced service lawyers can advice on the merit.

5. In case of simple termination order there is no human rights violation (until or unless there are proven and established facts in the background). Employee/workman can approach o/o labor Commissioner.

6. Yes. In case employee has caused loss, employer can initiate to recover from gratuity.

7. Meet a competent and experienced service lawyer at once if you have received stinkers from company and submit a carefully drafted and structured reply. Thus you shall be able to get sufficient time to decide your future course of action.

Settle your issues with your line management/HR and slip out from the adverse situation. Don’t fall under the axe.

Employers do not marry employees and employees should not marry employer. Employment is not marriage , hence there is no divorce.

 

 


Attached File : 999536824 employee termination.zip downloaded: 137 times

sujeet (executive)     07 July 2012

Dear Member,

My question if any employee working in any organisation  his payroll   and woking place different,

That is ; payroll place where esic is not applicable but  working place where esic is applicable then he is eligible for esic or not please clarify.

 

Thanks

Sujeet kesarwani 

Kumar Doab (FIN)     07 July 2012

@ Sujeet,

Take the example of a pharma company which employees MR's at various locations in various states. If salary of the employee is below Rs.15000/month he/she is eligible for ESIC. You can issue sub code at his/her local address or nearest dispensary. If the place of work is notified ESIC can be provided. If your company to avail exemption your company has to provide better benefits for employees and their dependents, which may be difficult to prove as inspection shall be carried out. You may comply with the provisions of ESIC.

Valuable advice of learned experts/members is sought.


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