Termination Clauses

Termination of confirmed employee, witrhout notice or pay in liu of notice can be challenged in the court. such termination may be trated as illegal. You must give a warning letter first and then you canm proceed with termination if performance does not improved. This is injustice. Why you did not terminate when the employee was under probation? An employee alone is not reponsible for performance decline. Mentor or his boss is equally responsible.

Dear All

Is below termination is Valid & employer is liable to pay Two months salary along with pending salary of 15 days + compensation for mental torture & harassment !

I am confirmed employee and worked in Sr position with MNC. I requested through e-mail to my employer for for causal leave due to some swear problem !My services are terminated without giving me any notice " my appointment letter having a clause that "12 Termination of employment

During the probationary period and any extension thereof, your services may be terminated on either side by giving one month’s notice or salary in lieu thereof. However, on confirmation the services can be terminated from either side by giving two months(60 days) notice or salary in lieu thereof.

my query is Is employer is liable to pay my pending salary that was for 15 days

2 That employer is liable to pay Notice period salary that is for Two months

That employer is also liable to pay Compensation for illegal termination .

Reason of termination is that just asked for medical/causal leave and also deputed my junior in my absence for looking after my work and whole year about 20 casual leaves are also pending against me . first i received a mail from company director that

"Any how you are free to discuss your problems with me at any time during 24x7. you should have informed me before going at-least on phone Please try to contact me on my cell phone and discuss your current problems meanwhile i will request ED who will allow you to work on your laptop"

After few days i received another mail from office network .

"Since you are absenting from your duties w.e.f ------ without any prior approval from undersigned. Further to inform you that undersigned made several phone calls but you did not respond. You intentionally switched off your cellphone.Keeping the above in view that it seems you are not interested to serve further more with the company and management has lost confidence in you.Your services are hereby terminated from the strength of the company with immediate effect.You are hereby advised being a Manager that huge charge is lying with u. It will be better that you should hand-over the charge of your Dept. and submit your identity card and other official documents to undersigned "

Lastly i replied exact wording is given below

"As per my last mail i applied for Medical Leave and also replied to your mail in which you have requested ---- to allow me to work through my Laptop and also discuss with you verbally through phone and my cell phone is never switched off since ------ , if you also lost faith on me then you can ask me to resign my self instead of terminating me like this way and in my ---- years experience no single employer has terminated me and your termination is total violation of principle of natural justice . As per the rules of the company & conditions of appointment letter , terminated employee is liable to pay two months salary by the company in case of termination by the employer .So now what i assume i am on Medical leave or Terminated ,

Thanks "

manjiv

Dear Manjiv,
You did not mention whether you had had a phonic talk or not with your director when you were first asked to contact him on cell phone and if had a talk, what was the outcome of discussion between you and the director?

Just meet them in person. They will take you back. They didnt follow termination procedure as laid out in ID act. Sacking for leave will not stand in court of law, if u make a case, you will win. Consult a lawyer if required.
Devarajan

Hi Arti,
Termination of service for non-performance is not a normal action of the employer which may involve a controversy regarding adimissibility of notice or notice pay in lieu thereof.
Pre-conditions in the instant case are as under:
(a) Laying down of performance norms by the employer on record;
(b) Communication of these norms to the employee concerned like all other employees falling in the category;
(c) Communication by the employer to the employee regarding deficiency in his performance and allow him an opportunity to explain his conduct in this regard to meet the requirements of natural justice.
If the above parameters have been complied with by the employer and he is not satisfied , he can then terminate your services and for that no notice period is required.

Dear All ,
In case employee is terminated and even there is no such clause in appointment letter -termination on ground of poor performance & misconduct then employer is liable to pay his two month ( notice period salary ) in case of confirmed employee ! if employee serve legal notice for the same along with some other compensation for harassment & mental agony ! then employer is also liable to pay .

Hi...
Is the case of termination idscussed for employee in workman and executive level are same or different. for terminating in poor performance the probation is completed and working in conformation state.If different then which way.....
Regards,
Bharat

Hi Arti,
The instant case does not fall within the ambit of cessation of employment by either side in the normal course.Non-performance is one of the misconducts as defined under rules of conduct applicable to the employee concerned and the case shall have to be dealth with accordingly and the clause of one month notice by either side will not apply.
S.K.Johri

No confirmed employee can be terminated without paying some compensation. This could be minimum one month. if an employee is terminated without being given any notice or compensation and if he makes an appeal in the court, the compensation amount may increase to 3 months if he is able to prove that he has been victimized. Termination of a confirm employee is normally not done, instead company pays some compensation and obtains resignation to settle his account.