Compensation In Case Of Termination - DOC Download

Hi,

First of all, the action is appropriate. In the future, in such cases, if he requests the management not to put any adverse notes on the termination letter, then at that time, ask such a person to submit his resignation. Based on his resignation, the separation process has to be initiated.

Secondly, you have not mentioned where (in which court) he has challenged his termination. As a managerial role, he is not entitled to challenge this matter in the Labour Court.

M. Gohel

Clearly, the man has no principles based on what has been stated. Just fight the case in court and bring out witnesses who have heard the words used by him, rude conduct, etc. Find out who his new employer is and let them know of his character. Even an email will be accepted as evidence. If three months' pay was specified, why did he not raise the issue of being given one month's pay? All this is proof against the individual. The case filed by this employee will fall if dealt with carefully, by marshaling all evidence against him. Everything need not be in writing always. Oral evidence by employees will have value, though they will have to face cross-examination where they will be labeled as partisan witnesses. Do not compromise with unscrupulous people.

Dear Sir,

The employee got on his knees and begged not to disclose the reasons for termination in his letter for the sake of his secure career. His request has been considered on humanitarian grounds, and the termination letter was issued accordingly. The company also paid him one month's due salary for his working period, along with other allowances such as bonus and leave pays.

As per the above sentence, you are going through the termination process as per company HR policy, and you are also paying the one-month salary.

I want to ensure you that as per the rules and regulations of the company, personal feelings are not considered. If it is stated in the appointment letter that in case of misconduct or misbehavior, the employee will be terminated without any notice pay, then why are you granting this favor?

Therefore, if the termination is being done through the HR process, then he should be eligible for the pay.

Thank you,

Niraj Kumar
HR Officer
8458807877

Hi Chitralekha! Greetings!

As per my understanding, the employee you have terminated is not a workman because the definition given in Sec 2(s) of the ID Act, 1947. It is a matter of Contract law, so it can be decided by the labor court. Actually, while giving any opinion and judgment, it must be objective in nature. And, as you know, LC will not act as a civil court. So, while LC will probe into the matter, the bench will find out if the employee was terminated because of misconduct and it is disciplinary action. So, you must not worry, but as I say, you must next time send the mail regarding warnings. He can deny to receive the letter but cannot deny the mails, and he cannot say that I haven't seen the mail because it's his fault. So, take all evidence in the form of documents and persons; you will win for sure. Proper homework will be required.

Best wishes! Regards, Anoop Singh

Dear Sir,

I was employed in an organization where, during my settlement, my earned leave was calculated based only on the basic salary. However, I have learned that earned leave wages should be calculated based on the gross salary. Could you please confirm which method is correct? If it should indeed be calculated on the gross salary, am I eligible to ask for the balance amount from the company legally? Is there a specific time limit within which I must make this request?

Please clarify. Thank you.