VENUGOPAL (NA) 18 June 2022

Office - termination of employee

Sir / Madam,

Please find below issue at my friend's organization.

In that organization, one employee (she) has been working since 14 years. But now she is not able to take responsibilities since 3 years and not interested to work under any of Manager in the department. She wants to work individually and reporting directly to boss only. Her boss is not giving increments and bonus since 2 years due to she is not doing any work.

In other way, she is demotivating internal team by way of telling negative about her boss. Recently, her boss has informed to HR to terminate her from services due to not working and demotivating other team members. When the HR team asked justification, she said that she is working well and given explanation in details with each work wise done in previous years. Now she is asking to HR team about the bonus, which is not given to her due to her boss is not satisfied with her work.

Now, boss wanted to terminate her from the services with the help of HR team. Is is possible to terminate her from services ? Pease confirm on what grounds boss has to terminate her from services. If not advise for further action on this issue.

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3 Replies

Sravika Reddy Kohir 20 June 2022

Hello Venugopal, I acknowledge your question. Though there no specific grounds mentioned for termination of employment, the precedents have laid down a few in the case State Of Uttar Pradesh And Anr vs Kaushal Kishore Shukla 1991 SCR (1) 29, 1991 SCC (1) 691 , wherein acts that amount to misconduct were given that include:

1. Inefficiency of an employee wherein they don’t add to the growth of the company.

2. If the Confidential Provisions of the Company are disclosed.

3. If there is breach of the employment contract wherein work or task allotted are not completed as per conditions provided.

4. If there is any misconduct on the part of the employee that causes damage to enterprise or any improper or disobedient behaviour.

The actions of your employee do fall under the category of misconduct and also breach of employment, with a notice period of 30 days the same termination can be done by the employer.

I hope I have answered your question.

Have a good day.

P. Venu (Advocate) 21 June 2022

The employee as well the management appears to whimsical. Anyhow, the employer caanot lawful entitlements of the employees based on personal likes and dislikes or subjective opinions. Due process needs to be followed if the employee is to be terminated.