I agree to malik sir as it is really a dadagiri
Next i must say thatif think from employee point of view you will realise that one month salary for a person is very important till the time he/she gets a new job
So, in my view you should have provided that person his/her salary
From India, Mumbai
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Next i must say thatif think from employee point of view you will realise that one month salary for a person is very important till the time he/she gets a new job
So, in my view you should have provided that person his/her salary
From India, Mumbai
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It is illegal to terminate an employee without sufficient ground to do so. Even if you have sufficient ground to terminate the concerned employee, you have to give him chance for explanation. If the concern employee approaches court, the verdict will most likely to go in his favor and in that case you may have to cancel his termination or pay him more compensation. In any case you have to pay him for the period he has worked for. You may move legally against him if he has done harm to company interest.
From India, Mumbai
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From India, Mumbai
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Dear Mr. Malik,
Whatever he has done was in written form. his termination also done after his acceptance of his act committed.
He has no guilt of whatever he has done. the only thing is top mgmt is not ready to pay the amount.
I discussed with them all the things, hope they will be ready to pay.
apart from this we havent mentioned any such thing in appointment letter.
regards,
Neesu
From India, New Delhi
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6Whatever he has done was in written form. his termination also done after his acceptance of his act committed.
He has no guilt of whatever he has done. the only thing is top mgmt is not ready to pay the amount.
I discussed with them all the things, hope they will be ready to pay.
apart from this we havent mentioned any such thing in appointment letter.
regards,
Neesu
From India, New Delhi
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Hi all,
Please note, I am going through a serious problem. I was terminated from service from an MNC where there is no service rule or any point mentioning the termination clause. The MNC is just playing a dadagiri role. I am fighting with my own ability.
I went to the shop and establishment where the MNC produced a circular, and now the MNC is demanding that they have terminated my service with this circular. I have demanded the full salary, citing an apex court order case as the MNC has terminated me without any service rule or statutory power to terminate my service given in the appointment letter.
Please enlighten me on how to fight against their dadagiri.
Nabolbona
From India, Calcutta
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Please note, I am going through a serious problem. I was terminated from service from an MNC where there is no service rule or any point mentioning the termination clause. The MNC is just playing a dadagiri role. I am fighting with my own ability.
I went to the shop and establishment where the MNC produced a circular, and now the MNC is demanding that they have terminated my service with this circular. I have demanded the full salary, citing an apex court order case as the MNC has terminated me without any service rule or statutory power to terminate my service given in the appointment letter.
Please enlighten me on how to fight against their dadagiri.
Nabolbona
From India, Calcutta
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Hi all,
How much salary is available in case of termination without any service rule or statutory method? I have been facing a serious problem for the last few years trying to regain my service, but all efforts have been in vain. The MNC terminated my service under the Model Standing Orders of West Bengal and paid me only subsistence allowance. However, my service is not governed by the Model Standing Order.
In seeking justice, I approached the Shops and Establishments in West Bengal, but they have indicated their limitations in handling the case. Nonetheless, they have pointed out some areas. Can anyone help me find a good way to attain the justice I deserve?
Nabolbona
From India, Calcutta
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How much salary is available in case of termination without any service rule or statutory method? I have been facing a serious problem for the last few years trying to regain my service, but all efforts have been in vain. The MNC terminated my service under the Model Standing Orders of West Bengal and paid me only subsistence allowance. However, my service is not governed by the Model Standing Order.
In seeking justice, I approached the Shops and Establishments in West Bengal, but they have indicated their limitations in handling the case. Nonetheless, they have pointed out some areas. Can anyone help me find a good way to attain the justice I deserve?
Nabolbona
From India, Calcutta
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Hello,
I was terminated from the BPO on the 29th of July due to misbehavior with a customer on only one occasion. Surprisingly, I did not receive any prior warnings before being terminated abruptly without any salary.
Now, I am looking to file a claim against the company.
Please assist me.
From India
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I was terminated from the BPO on the 29th of July due to misbehavior with a customer on only one occasion. Surprisingly, I did not receive any prior warnings before being terminated abruptly without any salary.
Now, I am looking to file a claim against the company.
Please assist me.
From India
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Hello,
I have a case where an employee was serving his one-month notice period (completed 18 days). On the 19th, the employee was terminated/sacked based on the suspension letter. On-the-spot termination was done due to misconduct, violation of the security policy, and taking the company's intellectual property home.
The company is in possession of all the personal belongings of the employee (mobile phone, laptop, external hard drive, etc.) and is conducting a forensic investigation to determine if any data was transferred to a third party.
The company stated the following to the employee:
1) He can't engage in any meaningful employment until the investigation is complete. Please advise if there is any law that protects the employee in this scenario, or if it is true that the employee cannot seek employment elsewhere.
2) The company is silent and not mentioning whether the employee will receive a full and final settlement. Please advise if there is any law stating that he should be entitled to a full and final settlement. If so, kindly specify the same.
Point to be noted: There was no monetary loss to the company, nor was any confidential client/employee information disclosed to a third party. The breach was solely related to accessing the company's confidential information and intellectual property, not client-related.
If anyone has answers, kindly request them to post the same.
From India, Mumbai
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I have a case where an employee was serving his one-month notice period (completed 18 days). On the 19th, the employee was terminated/sacked based on the suspension letter. On-the-spot termination was done due to misconduct, violation of the security policy, and taking the company's intellectual property home.
The company is in possession of all the personal belongings of the employee (mobile phone, laptop, external hard drive, etc.) and is conducting a forensic investigation to determine if any data was transferred to a third party.
The company stated the following to the employee:
1) He can't engage in any meaningful employment until the investigation is complete. Please advise if there is any law that protects the employee in this scenario, or if it is true that the employee cannot seek employment elsewhere.
2) The company is silent and not mentioning whether the employee will receive a full and final settlement. Please advise if there is any law stating that he should be entitled to a full and final settlement. If so, kindly specify the same.
Point to be noted: There was no monetary loss to the company, nor was any confidential client/employee information disclosed to a third party. The breach was solely related to accessing the company's confidential information and intellectual property, not client-related.
If anyone has answers, kindly request them to post the same.
From India, Mumbai
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(Fact Checked)-The employee can seek legal advice regarding termination during notice period. The company should provide full and final settlement unless contract states otherwise. (1 Acknowledge point)
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Dear friends, I think I need to submit my answer as well.
No company can terminate any permanent employee without proper notice. There is a statement called the "Natural Law of Justice" where both parties have equal rights to prove their side. If it is not followed, the company management will be in trouble. The termination needs to be followed with a show-cause notice and a charge sheet where the employer must give a good amount of time and patience to the employee to prove his side.
Moreover, our friend doesn't want to pay his employees' salaries... Now we can see it in a different manner where the management will be in a big-time issue, and the HR will also be as HR is hired to provide legal suggestions.
1) Section 420 (Non-Bailable) Fraud
2) Section 427 Companies Act
3) Criminal defamation (If you are firing him with a criminal charge)
It has been seen that there are companies deducting Gratuity amounts from the salary... If you are doing the same... Congratulations, you are about to land in jail. If your salary components are not proper... HRA, Dearness allowance... again you are in a problem.
It can be clearly seen that the employee is fired not because of disciplinary grounds, however, it is more like personal grudges. He can very well seek court, and any Sub Judicial court can issue a non-bailable warrant against your management or people nominated. If he is able to prove his part in court, then you need to pay him for the entire period he is laid off, as you already handed him his termination letter... he has evidence... so dear sir, please follow a constitutional approach.
Thank you
From India, Delhi
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No company can terminate any permanent employee without proper notice. There is a statement called the "Natural Law of Justice" where both parties have equal rights to prove their side. If it is not followed, the company management will be in trouble. The termination needs to be followed with a show-cause notice and a charge sheet where the employer must give a good amount of time and patience to the employee to prove his side.
Moreover, our friend doesn't want to pay his employees' salaries... Now we can see it in a different manner where the management will be in a big-time issue, and the HR will also be as HR is hired to provide legal suggestions.
1) Section 420 (Non-Bailable) Fraud
2) Section 427 Companies Act
3) Criminal defamation (If you are firing him with a criminal charge)
It has been seen that there are companies deducting Gratuity amounts from the salary... If you are doing the same... Congratulations, you are about to land in jail. If your salary components are not proper... HRA, Dearness allowance... again you are in a problem.
It can be clearly seen that the employee is fired not because of disciplinary grounds, however, it is more like personal grudges. He can very well seek court, and any Sub Judicial court can issue a non-bailable warrant against your management or people nominated. If he is able to prove his part in court, then you need to pay him for the entire period he is laid off, as you already handed him his termination letter... he has evidence... so dear sir, please follow a constitutional approach.
Thank you
From India, Delhi
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CiteHR.AI
(Fact Checked)-The termination without pay for misconduct is legally permissible as long as the employment contract allows it. Immediate termination for serious misconduct doesn't necessitate prior warnings. Seeking legal advice is recommended. (1 Acknowledge point)