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Termination based on performance

Page no : 2

Muthukumar (Software test engineer)     28 January 2013

This is mentioned in my offer letter,

"Your services are liable to be terminated without any notice or salary in lieu thereof for misconduct, without being exhaustive and without prejudice to the general meaning of the term “misconduct” in the case of reasonable suspicion of misconduct, disloyalty, commission of an act involving moral turpitude, any act of indiscipline or inefficiency".

Kumar Doab (FIN)     28 January 2013

Mr. Manish Kumar has given valuable advice. Kindly follow it.

It is felt that company wants to charge the employee for misconduct without defining/explaining/ and even communicating misconduct on the part of employee……

 

It is felt that it wants to have its own court, own law, be the judge judge, and deliver its own judgment.

Approach your lawyer.

Your lawyer may opine that the service conditions inserted in contract of employment crafted by company are inequitable, arbitrary, unconscionable, unlawful, illegal, coercive, unreasonable………..in violation of standing orders, contrary to the provisions of applicable enactments/law of the land etc…

Your lawyer/labor consultant may ask you a set of structured questions and may opine that you fall within the category of a workman.

 

You may check if standing orders are applicable to your company and look into the clause pertaining to termination and misconduct in standing orders of the company/model standing orders.

 

e.g.;

13.          Termination of employment

(2) but the services of a temporary workman shall not be terminated as a punishment unless he has been given an opportunity of explaining the charges of misconduct alleged against him in the manner prescribed in Paragraph 14.

14.          Disciplinary action for misconduct

 

You may also go thru the SE Act applicable to your state, which may be available at Dept. of labor website of your state or you may buy from market.

e.g. SE Act Karnataka : 39. Notice of Dismissal:

{1} provided that where misconduct of employee is brought on record with proof of inquiry held for this purpose….

 

 

Muthukumar (Software test engineer)     29 January 2013

Thanks a lot to all of people :)

Kumar Doab (FIN)     30 January 2013

Another employee had initiated a very interesting thread at LCI:

 

Discussion > Labour & Service Law > Employment > Suit claiming damages and criminal case

 

At the following link:

https://www.lawyersclubindia.com/forum/Suit-claiming-damages-and-criminal-case-60347.asp#.UQlJBzdbfvo

 

You may go thru it. Please keep this thread updated with latest developments.

It shall help many of the fellow citizens and employees who shall visit this thread and LCI.

The employee in the above mentioned invoked SE Act and has been reinstated.

It is felt that his case is being effectively dealt by his lawyer and is proceeding well in his favor.

Valuable advice of learned experts/members is sought in above mentioned thread also to help the employee and all who visit LCI.

 

Kumar sanja (employee)     04 February 2013

termination is possible based on permission only during probation.

after attaining permanant status, then you can be dismissed/removed based on misconduct.

termination is alien to service rules to permanant employees.

 

Regards,

Party in person.

Ravi


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