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sanjeev saraswat (advocate)     21 April 2009

terminated without sighting reason

Can the employment be terminated without sighting reason? and with out any notice? can the employee  challenge the descision where and how? 

employee is labour in a private export firm.

 



Learning

 7 Replies

tarun goyal (Govt. service)     21 April 2009

dear,

the reply is according to the terms of the contract. if the labour is on contract basis and the terms and condiktions for termination stipulate that he can be terminated without assigning any reason. no remedy. if terms do not provide so, then can approach labour court.

Swami Sadashiva Brahmendra Sar (Nil)     22 April 2009

kindly consider -1. whether the firm comes within definition of industry?2.was there any appointment letter issued? if so, the terms and conditions are to be followed. 3. since when he is working? if he has completed 240 dys, one months notice or one months salary in lieu of notice is must. 4. if emloyee comes within definition of workman he can go to labor court , otherwise he has to file civil suit.

badrinath (Sr.Manager-human resources)     24 April 2009

i would  also like  to  add  that  before  terminating  a labour,  proper  domestic  enquiry  should  be conducted  and there should be  a valid  reason  for  terminating  a  labour. more  details  are  required  whether  he  is  a confirmed  labour  ,  what  is the  reason  for  his  termination  etc..

if  its insustry and if he is a  workman as per the industrial disputes act, the case shall first be brought to the notice of the labour commissioner as an individual dispute.

vince (student)     14 May 2009

hello, I have 2 question.

1: If the employee work in a compagny in less than 10 peoples working, and if there is no written contract, what are the rules for trmination?

2: If the employee work in a undustry, but if is not a workman beacause in work as supervisor, and if there no written contract,what are the rules for trmination?

Thank you for your help

badrinath (Sr.Manager-human resources)     14 May 2009

Mr.Vince,

            1. if the employees are less than 10  and there is no written contract  ,  there is  no  much  leagl issue involved.  ( If  you say  "employee"  it should be clear  whether  he  is  a "worker" or " not")

            2. if  an employee is a "supervisor" he can be terminated as per the standing orders without any stigma attached. but by mere designation as 'supervisor" , it dosent mean that he is "not a worker" industrial disputes Act has defined "worker" and a clear cut picture has not evolved still as to who is a worker? Recently also supreme court has clarified that "designation" should not be given due importance since the primary duties he performs will be the main criterion. The main crieteria to decide whether he is a worker or not,  is to answer  whether  he has the control  over his subordinates?  whether  he  can  assess  the performance of  his subordinates?  whether he has leave  sanctioning  authority?  whether  he  can intent material and distribute amongst workers etc.. if he is a supervisor and if the answer is "no" to the above main questions then he is deemed to be worker.supervision contemplates direction and control, as such what is needed to be asked is as to what are the primary duties he performs and for the said purpose it is necessary to prove that there were some persons working under him whose work is required to be supervised. Being incharge of the section alone is not the criteria to decide.  Again, standing orders of the company will hold good with regard to termination.

Swami Sadashiva Brahmendra Sar (Nil)     14 May 2009

I agree with Mr. Badrinath.

vince (student)     15 May 2009

Thanks,

But in the first case, do we have to respect some notice or process to fire an employee / worker? And if the employee considers his discharge unfair, what are these actions? 

If the ID act or SOA cannot be  apply, what is the process witch has to be follow to fire or punish an employee? And which act defines and fixes the process which has to be follow front of a civil court in case of labour trial or labour issue.

Thanks you very much!

 


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