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MANISH NATH (LEGAL OFFICER)     07 July 2009

termination

If a private company terminates its employee, will the termination be according to the terms and conditions of offer letter, since appointment letter of the employee has not yet been issued? Is there any chance of litigation. If so, on what grounds can the employee be terminated.



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 4 Replies

Pratheep Kumar (Asst. Manager - HR)     07 July 2009

Termination will be done according to the Standing Orders

anand (advocate)     07 July 2009

before terminating your employess you must follow procedure of simple termination. if u have u r own certified standing order then u can terminate u r employee under its clause but if u do not have certified standing order then u can terminate according to model standing order. U must  issue simple termination letter following retrenchment compensation and one month notice. Sec 25 F of the industrial Disputes act is the impotrant provision to follow before terminating any employees

badrinath (Sr.Manager-human resources)     08 July 2009

I. is the private company registered under Factories Act? 2. is  "employee"  a  "worker"  or "staff"? if an appoint ment order is  there , the terms and conditions of that will have a binding on the employee. (normally staffs are issued appointment order). if there is no appointment order, the companys standing order will stand good. pl. also note that if an employee ( confirmed worker) has to be terminated proper enquiry should be conducted and all the natural justice should be followed.in the enquiry if the mis-conduct/charges are proved then a person can be discharged. you cant sack a person without any reason and if a person is sacked without conducting proper enquiry definitely it will not stand in the court of law.  

Pragadeesh (Lawyer/Factory certification consultant/Cyber crime Analyst)     17 July 2009

yes ! Mr.Badrinath is right.If there is no appointment order then wat abt his pay slip? he can approach labour officer for remedy.

regards

pragadeesh


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