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Shreya Saxena   05 March 2021

Employment law

Can an employer terminate the employment of a person without any notice if the purpose of his job in the company is no longer required? also, will the salary in lieu of the notice be sufficient?

Please provide me assistance in the aforesaid query

Regards



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     05 March 2021

Although employee releases have many uses, they are most often used when you lack proper documentation to fire, but you want to cut off an employment relationship and avoid the possibility of a lawsuit. They can also be used to offer early retirement to a worker, or when you are seeking to end an employment contract early by "buying out" the worker.

To be effective, the release must be:

  • in writing
  • signed by the employee who is waiving the right to sue
  • a knowing and voluntary waiver
  • supported by adequate consideration (This means that you must give the employee something of value in return, something that he or she would not receive without signing the release.)

Make sure that the release can be read easily (this means that the typeface should be large enough and the language used can be understood by the employee). 

Ritesh Maity (Labour Law Advocate)     07 March 2021

1. Employee can be terminated with notice period or notice pay in lieu thereof in terms of the letter of appointment.

2. If there is any allegations against the employee, then the employee can be terminated after conducting domestic enquiry.

3. If the employee becomes surplus or his job his no longer required, he can be terminated with retrenchment compensation.


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