I would like to terminate a manager who work in my company more 5 years. I found out the Industrial Disputes Act 1947 has excluded workmen who work under managerial capacity. Any law is governing retrenchment?
Further i need to pay gratuity payment under Payment of Gratuity Act 1972 if his basic salary is 1.5 lahks?
Thanks
From Taiwan,
Further i need to pay gratuity payment under Payment of Gratuity Act 1972 if his basic salary is 1.5 lahks?
Thanks
From Taiwan,
Dear friend,
Heading of your post is "procedure to layoff". In the main body of your post you have written about "termination" and "retrenchment". Lay off, retrenchment and termination these three concepts are independent of one another. Their governing conditions are also separate. The ID act has defined all these concepts clearly. You may refer them.
Why you want to terminate manager? Was he involved in some misconduct? Was the misconduct so grave that it warrants his termination? Have you conducted domestic enquiry? So many questions come up.
Nevertheless, these layman's opinions. Legal experts like Mr TK Madhu or Mr RN Khola are the right persons to address your query.
Thanks,
Dinesh V Divekar
From India, Bangalore
7883Heading of your post is "procedure to layoff". In the main body of your post you have written about "termination" and "retrenchment". Lay off, retrenchment and termination these three concepts are independent of one another. Their governing conditions are also separate. The ID act has defined all these concepts clearly. You may refer them.
Why you want to terminate manager? Was he involved in some misconduct? Was the misconduct so grave that it warrants his termination? Have you conducted domestic enquiry? So many questions come up.
Nevertheless, these layman's opinions. Legal experts like Mr TK Madhu or Mr RN Khola are the right persons to address your query.
Thanks,
Dinesh V Divekar
From India, Bangalore
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