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lina abood (bussiness)     22 January 2010

bad sevice

we got lady working in our small company since 2000  we are  paying her salay as lumsum 7000 per month ,since dec.2009 she has gone on delivery leave ,since she was giving very poor work and we got  already  extra staff,we would like to give her termiation letter ,please what is the procedure for doing that ,is there any specific way to do? is there spicfic form which we have to submitt 

please lead me and advice 



Learning

 6 Replies

Daksh (Student)     22 January 2010

Dear Lina,

You have to refer to the terms and covenants of the Service Agreement and communicate  the same through termination notice with her dues stating the reason of over staffing because of which her services are no more required.

Hope this clarifies your query.

Thanks and best regards

Daksh

1 Like

g s pandey (advocate)     22 January 2010

Dear Lina,

Check the Maternity benefit Act, and if are terminating her due poor work enven then in such situation you are suppose to pay her wages for mertnity period as specified in the said Act.

 

1 Like

lina abood (bussiness)     22 January 2010

sir i have already given her notice before termintion letter

V. VASUDEVAN (LEGAL COUNSEL)     22 January 2010

 If she has been working for over 9 years, it is not fair to reason her "poor service" for termination at this stage when she has gone on maternity. An establishment is bound to provide 6 weeks prior to maternity and 6 wees after the maternity and in addition a one time maternity benefit. It would be prudent to provide this benefit and when she resumes services. counsel her for improvement on the work (in case of deficiency). Termination for whatever is reason at this stage would be un-fair both in law and in fact.

1 Like

SANATANA PANDAY (presiednt of a trade union)     24 January 2010

you can teminate her by givining 90 days notice and also 90 days salary after she joined in her duty after mertnity leave. before that u can not terminate her .thanx

1 Like

lina abood (bussiness)     24 January 2010

will you confim please what is the maternity leave period?


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