Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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brijendrasingh   27 August 2015

Termination of employment

Dear Sir, With reference to Para 13 of Industrial employment standing orders central rules 1946, if an employer/manager wants to terminate a permanent female workmen on grounds of misconduct, can he do it by giving her a one month’s notice. If No, then let me know the grounds on which the employee can be terminated. This is a garment manufacturing unit operating under the factory license and having strength of over 100 workmen working as machine operators and helpers. The female workmen in question has completed over 02.5 years of service in the company and continues to be a habitual offender. The Top management avoids taking actions against all her misconducts  fearing that she would join the 'Union' . On the other hand, my attitude related to  the discipline remains firm and fearless and 'Numbers' in union don't matter to me.  Thanks



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 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     27 August 2015

You can send three notices one after another or memo to employee with allegations. Give her time to reply  in stipulated time. As per their reply you can take action.

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kameswarao S (Head HR)     27 August 2015

Pl don't be in hurry as the issue may back fire and closes with a reinstatement with back wages and related benefits hence better to follow the process of Disciplinery proceedings ie., Issuing charge sheet  / obtaining explanation, organize a Domestic enquiry etc., etc., and issue the termination letter  basing on the recommendations of the Enquir officer.  Pl note that the punishment should be proportionate to the act and severety of the misconduct.  The same is pllicable across ie., irrespectiveof the gender / age / community.

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Kumar Doab (FIN)     27 August 2015

Mr.Kameswarao has explained.

Agreed.

Avoid being enthusiatic to the extent that owners hide behind you and you become the face visible and whole unions and Trade Unions are after you.

Rather engage fellow employees/union leaders to discipline.

During the process build complete file.

 

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