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Jatin Saraogi (student)     06 November 2009

Termination from services

Dear All

Kindly tell me what would be the strong grounds on which services of worker can be terminated , what if the person is oldest employee working from more than 10 yrs.

 



Learning

 8 Replies

Meenakshi (Lawyer)     06 November 2009

by way of disiplinary action for misbehaviour,continued ill health...But what is your reason to terminate the poor worker`s services?

Meenakshi (Lawyer)     06 November 2009

 Mutual agreement;Resignation by the employee;Employee’s retirement; andThe expiry of a fixed-term contract according to the industrial Dispute act

With  regards termination of employment for disciplinary reasons, some instances of misconduct which may justify dismissal without notice and any compensation in lieu of notice are listed in the MSO and include (secs. 14(2)-(3), MSO):

  • wilful insubordination or disobedience;
  • theft, fraud or dishonesty;
  • wilful damage or loss of employer’s property;
  • bribery;
  • habitual lateness or absence; and
  • striking unlawfully.
  • he law relating to termination of employment in India distinguishes broadly between three different situations: dismissal for misconduct, discharge and retrenchment...You need to explain in brief your stituation as to why would you want to terminate this worker`s services who is 10 years with you...

 

1 Like

(Guest)

"LOSS OF CONFIDENCE"

1 Like

AEJAZ AHMED (Legal Consultant/Lawyer)     06 November 2009

Dear Jatin,

The following are the just causes for termination of Employee from Services:

  1. Serious misconduct
  2. Willful disobedience to lawful orders of the employer or representative in connection with his work
  3. Gross and habitual neglect of duty
  4. Fraud and willful breach of trust
  5. Commission of crime against the person of the employer, his representative or any immediate member of his family
  6.  

  1. Analogous causes

The two causes for termination of an employment contract – ‘just’ causes and ‘authorised’ causes.

A just cause is an act of omissionor commission by the employee that justifies disciplinary action against him,such as dismissal from employment or termination.

Authorised causes do not relate to faults of the employee but to the businessneed to terminate employment. In both just and authorised causes for terminationby the employer, the termination should follow the mandated process,which consists of giving written notice to the employee stating the grounds for termination.

1 Like

Jatin Saraogi (student)     07 November 2009

Dear All

Thanx for all ur replies. To Meenakshi- the reason behind termination of worker are like, loss of confidence,wilful damage or loss of employer’s property, Fraud and willful breach of trust.

If worker is terminated on such grounds, will he eligible for Full n Final settlement?, If yes upto what extent?

Tushar Chowdhary (Lawyer/Consultant)     07 November 2009

Just refer to your certified standing order's of your establishment or the model standing order.

KUMAR JAGADEESAN (COMPANY SECRETARY & COMPLIANCE OFFICER)     10 November 2009

As stated by Tushar and Shri Gopal first refer to the standing order of the organisation if there is one and also the appointment order which normally elaborate the circumstances and the procedure underwhich an employee's services can be terminated

J.KUMAr

Hyderabad

deepak johari (consultant)     16 November 2009

any employer can not dismised / relive any employee without prior notice ,any condetion take this ction he is livle to pay all dues accordingly appointment latter with one month salary,/ employer standing order.

ist you sand a notice through loyer with registerd post to claim for all legal dues.

 

Deepak Johari

Labour Law Consultant 


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