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KS (Ass)     30 April 2013

Compensation on termination

Hi, My father owns a small manufacturing plant in Mumbai, Maharashtra, employing 5 workers and turnover of less than 1 crore. All the employees are working without any written agreeement and paid between Rs.7,000 to Rs. 15,000 as salary per month in cash every month. On my father's demise, I tend to terminate 2 employees from the company on account of fraud. I can safely prove the fraud and the loss thereof that my firm has incurred because of them.

a. In this scenario (no agreements, salary paid in cash), how much do I have to pay them as full & final compensation at the time of termination?

b. Due the fraud that they have committed (and agreed to verbally), can I terminate their services immediately and without any compensation?

 

A bit urgent, so appreciate your response at the earliest.

 

Regards,

Kush



Learning

 1 Replies

Sudhir Kumar, Advocate (Advocate)     02 May 2013

your father thought himself to be clerver and these employees proved more clerver.

 

your father thought that he is doing great safety by not issuing employment offer or service bond but he might be showing their salary in IT returms and they may be having proofs to be serving there.

 

you cannot terminate them without chargesheeet and inquiry. If you succeed in inquiry then no compensation will be there or else pay them benefits of retranched employees and they get benefitted by fraud.


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