Few years go, I was working in a call enter where I got involved in a scuffle with some engineering graduate co-employees.
The supervisor told me to resign but I rebuked him back that if he had any problem with me then he should give me the termination letter.
He was just a trainer and the company was owned by Mr. Azim Premji. You must have guessed that which company I am working. If any such problem arises in future, can that supervisor all by himself terminate my services with the company?
The Indian Legal System consists of a particular Act that deals with all sorts of Industrial Disputes, including the one you're friend is dealing with. The IDA known as the Industrial Dispute Act, 1947 describes corporate or industrial matters that takes place between employers and their employees or workmen. Moreover, the IDA, 1947. also illustrates various terms and conditions that circulate the employment of conditions of labour.
Therefore, an employer has a right to end an employment relationship with his/her employees or workmen, without a good reason and therefore a justification is not required for the dismissal of services.
However, he or she (i.e. the employer) is obliged to send a notice of termination, 30-90 days prior to cessation of services and clear All Dues, making the Following Requisite Payments:
1. Salary in lieu of notice when the notice has not been given
2. Salary for the days worked which remain unpaid
3. Encashment of unused paid leaves
4. Payment of gratuity to the employee who served for five years or more, as given in the Payment of Gratuity Act 1972
5. Payment of bonus for those employees who worked for at least 30 days in a financial year and earn up to Rs.10,000; as per the Payment of Bonus Act 1965
6. Any other dues contractually agreed under the company policy.
Now, you must be clear that only an Employer can terminate an Employee working in his/her organization/company. Since, you've mentioned in your query, that the concerned person is a mere trainer, therefore,. he or she does not hold any right to terminate you, as he can just bring the matter before the concerned management of your BPO, and then requisite action would be taken against you by the management only.
So, the answer to your question is "NO, you're supervisor can not terminate you himself, but can bring the matter before the concerned authorities".
Hope It Helps
Regards
Kevin M. Paul
