Termination of Employment

 I guess , you mean that employee has been finally acquited. if so, then even it is not necessary that employer also is bound to treat him innocent. He may have been acquited on the basis of benefit of dout. but an employer has to maintain dignity and good image of establishment. therefore you can terminate him.

You can terminate his services on the ground of absentiesm without notice.

but please see terms and conditions of appointment letter, if you had issued.

and pls. call an explanation and provide him opportunity of hearing.

if he has been released on bail and trial is pending ,then  you have stronger ground for termination.

you may provide detailed facts for further and accurate advice to :

Dr. V.N. Tripathi, Advocate, chamber no. 34A, Allahabad high Court

email: dr.vntripathi@yahoo.com mob. 09839527421, tel. 0532-2545245

Dear Dr. Tripathi,

I am greatful indeed for your kind response. 

I shall send you PM on your id please.

Regards,

Shamik Vora

Dear Sirs,

Sub:Termination of employee

I am working in a construction industry and due to slow down we have trimmed our work force.  Accordingly one of our PROJECT MANAGER(Elect.) has been asked to go.  He resisted and demanded one month notice pay.  Accordingly we have issed notice pay for month.

Our questions.

If one month notice is issued, is there any rule  that he need not atted the office and pay for that ?

Or he attends office and puts his pen down for the whole month and pay for that?

Also he has been advised to handover the documents and company properties back to the management for which his reply is that if the management wants to collect from him, we can. He feels that it is not his responsibility to handover, it is our responsibility to collect.  The logic stated by him is that he is under notice period and does not have any responsibility. 

My question is ?  Is there any rule in labour laws

One month notice period needs to be issued to terminate a senior manager

In this period, if the candidate does not co-operate, can we use force like lodging FIR for taking back the documents

Is he is not liable to complete the pending work tillhe sits in the office tiil the last day and handover the documents.

I AM FINDING HIM AS A HARD NUT TO CRACK.  PLEASE HELP ME OUT.

KRISHNAMOORTHY

In the first query the management does not have grounds to terminate the services of the employee. He is acquitted of the criminal charges and have explaination for the absence.  

In the second query there is no lablour laws involved.  It is a simple case of employment contract. If the contract of service requires a month notice then you have to follow that.or pay him for the notice period if you want to terminate the contract immediately.  You have given him a month notice, he has to continue working for the month   If he does not come to the office his wages are to be deducted as per rule of no work no pay.  Advice is since the person is leaving after a month bear him and his conduct. 

Regarding not returning the papers which were in his custody  you can definitely take action in criminal law because he commits a breach of trust.

Thank you very much Sir,

KRISHNAMOORTHY