Head-finance & Legal
Usually 1 month notice is provided by an employee for resigning. Same holds true for the employer. However in case it has to be effected immediately then salary equal to such notice period should be additionally paid over and above the other due amounts.
Plus, the reasons has to be specific and real. Arbitrary reasons won't work and can land you in further trouble.
Also, try to make the exit as graceful as possible so that company's image is not tarnished by exit of such employee...
19th April 2013 From India, Gurgaon
You cannot terminate any staff immediately without conducting formal inquiry. You can suspend the staff first. Issue a show cause notice and instruct the staff to give reason, why the company should not initiate disciplinary action against the staff for the indiscipline act. Then call the staff for domestic inquiry; conduct the inquiry, submit the enquiry reports, findings, and recommendation by the investigation officer or domestic enquiry board. If the domestic enquiry board recommends for termination of the staff, then you can terminate.
At the time of termination, you must pay the salary for the period of suspension, then notice period as per employment contract, Encashment of Leave (If available), Retrenchment Compensation and Gratuity as per his eligibility immediately and send the staff out.
I have given my general procedure and general guidance only. If you want to get specific reply, give some more details about the staff, his behaviour, his level in your organisation, gravity of the offence etc.
19th April 2013 From India, Kumbakonam
How can I seek redressal. The organisation is not responding to my emails. There has not been no set performance standards. I had always achieved high performance and best best feedback from students to whom I teach. There has not been any warning or show cause notice earlier. I would like to seek redressal rather than accept the unfair dismissal charge and embarrasement caused to me.
Will Labour Court help as I am Senior Faculty. Do I have to file a civil suit or approaching University will help. Is there a time bar to file such a suit.
Thanks for your guidance.
25th April 2015 From India, undefined
My name is Advocate Gardner, from Pakistan. The solution to your legal problem lies with labour court. You have to see firstly , whether the organization wherein, you worked is transprovincial or not? Otherwise you gotta approach labour courts as per as Commercial and Employment Standing Orders (what we have herein Pakistan); Because your have to serve first of all grievance notice on your employer. As to the time bar (limitation) that starts from the date of knowledge, special laws have their own limitation general limitation does not effect upon special laws.
Try to hire a good lawyer, who knows labour laws at his best.
17th August 2015 From Pakistan, Lahore
There is no legal provision to terminate staff immediately. There are 2 ways of terminating staff who come within the definition of workman under Industrial Disputes Act, doing clerical, manual or supervisory duties. One is by way of disciplinary enquriy that too for any misconduct warranting punishment of termination and second is by way of surplusage ie retrechment by following the due process of law. But this should be justified too.
16th September 2015 From India , Pune
What is the reason that you want to terminate the staff immediately? The action will depend on that.
There is no way in which staff can be terminated immediately. If there are severe disciplinary issues, you may suspend them pending enquiry followed by a proper chargesheet and conduct a domestic enquiry wherein rules of justice are followed properly . Then, upon completion of enquiry and issuing the delinquent employee a copy of the enquiry findings, calling for his comments thereon, the disciplinary authority or appointing authority has to examine the past record and then award punishment based on establishment of the misconduct in the enquiry.
There is another way of terminating the staff in case they are surplus. Then, you need to follow the provisions of the Industrial Disputes Act in that, you have to put up a category wise seniority list of all the workmen. Then whoever is the one to join the co. last will go first, kyou need to pay the retrenchment compensation, notice pay and other dues to them prior to retrenchment. If yours is a mfg co empl;oying more than 100workmen in preceding calendar year, you have to seek permission of Govt, before resorting to retrenchment.
26th October 2015 From India , Pune
On termination of a employee immediately, I feel, as long as the notice pay is paid there is no need to assign any reasons unless it is a mass retrenchment. Generally in terms of employment separation clause is incorporated which reads to mean that the employment can be terminated by either party by giving specific notice period or notice pay in lieu thereof. The usual reason is the company does not require the services of the employee any more. If any disciplinary reason is quoted, then, disciplinary proceedings as suggested by some of you, need to be initiated. For mass retrenchment we need to follow retrenchment process. Kindly come out with contrary views if any
27th January 2016 From India, Kakinada
28th January 2016 From India , Pune