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Hi:

I'm from an ITeS company. Our appointment letter carries a clause that the employee should serve 60 days notice on resignation. Similarly it also says that if the company terminates the employment on grounds of poor performance or misconduct, the company shall pay 2 months salary in lieu of notice period of 60 days.

My query is specific to cases of terminations on grounds of misconduct. None of the cases go through the prescribed process of an enquiry for the terminaton decision to be arrived at. These cases are closed quickly and are driven more by judgement of the decision maker. This is complicated by the reports of employee misconduct at onsite / client location when such cases are sent back home only to be terminated.

For the company initiated terminations, we still issue a clean relieving letter and give a good reference with the view of not affecting the employee's future career prospects.

I'm writing to know if this practice of termination on misconduct without an enquiry procedure makes the company vulnerable if the affected employee prefers the legal route. Does the practice of payment of 2 months salary alongside giving a clean relieving letter / positive reference offer enough protection to the company in such cases?

Regards,
Nanda
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Cite.Co is a repository of information created by your industry peers and experienced seniors sharing their experience and insights.
Join Us and help by adding your inputs. Contributions From Other Members Follow Below...
Hi:

I'm from an ITeS company. Our appointment letter carries a clause that the employee should serve 60 days notice on resignation. Similarly it also says that if the company terminates the employment on grounds of poor performance or misconduct, the company shall pay 2 months salary in lieu of notice period of 60 days.

My query is specific to cases of terminations on grounds of misconduct. None of the cases go through the prescribed process of an enquiry for the terminaton decision to be arrived at. These cases are closed quickly and are driven more by judgement of the decision maker. This is complicated by the reports of employee misconduct at onsite / client location when such cases are sent back home only to be terminated.

For the company initiated terminations, we still issue a clean relieving letter and give a good reference with the view of not affecting the employee's future career prospects.

I'm writing to know if this practice of termination on misconduct without an enquiry procedure makes the company vulnerable if the affected employee prefers the legal route. Does the practice of payment of 2 months salary alongside giving a clean relieving letter / positive reference offer enough protection to the company in such cases?

Regards,
Nanda
Community Prime Sponsors
FactoHR.com - Payroll Software with GPS Enabled Attendance, Travel, Performance Management, HRMS.
Talentedge.com "Interactive Anywhere Learning". Executive courses from top reputed institutes like IIM, XLRI, MICA.
Dear Seniors

My service was terminated in the year 2006.

1.Before terminating company made an enquiry within office premises.

2.My charge sheet letter was without the sanction of law.

3.The enquiry officer appointed by the company accepted those illegal documents.

4.My service was not governed by Model standing orders(nothing was mentioned in my appointment letter).

5.Enquiry officer accepted an administrative order(back dated) in the proceedings.

6.Before terminating my service I requested company and enquiry officer to give me a chance under Natural Justice but it was refused.

I raised my objection on each and every illegal action taken by the company and the enquiry officer but none of them pay any attention to my plea.

Ultimately they terminated my service.

I approached before the Shops and Establishment Govt of west bengal to get the full remuneration citing an Apex court order,

The Govt authority released an order (rejecting the back dated administrative order ) mentioned their limitation in giving such an order.

They requested me to agitate in some other forum.

Now I approached before the High Court - Kolkata which is now in progress,

Opposite party now raised an objection about the maintainability in law of the case

Can anyone suggest me any relief in this regard?

attribution Timeline for suspension pending domestic enquiry.. CiteHR Page 2
Dear Seniors

My service was terminated in the year 2006.

1.Before terminating company made an enquiry within office premises.

2.My charge sheet letter was without the sanction of law.

3.The enquiry officer appointed by the company accepted those illegal documents.

4.My service was not governed by Model standing orders(nothing was mentioned in my appointment letter).

5.Enquiry officer accepted an administrative order(back dated) in the proceedings.

6.Before terminating my service I requested company and enquiry officer to give me a chance under Natural Justice but it was refused.

I raised my objection on each and every illegal action taken by the company and the enquiry officer but none of them pay any attention to my plea.

Ultimately they terminated my service.

I approached before the Shops and Establishment Govt of west bengal to get the full remuneration citing an Apex court order,

The Govt authority released an order (rejecting the back dated administrative order ) mentioned their limitation in giving such an order.

They requested me to agitate in some other forum.

Now I approached before the High Court - Kolkata which is now in progress,

Opposite party now raised an objection about the maintainability in law of the case

Can anyone suggest me any relief in this regard?

attribution Timeline for suspension pending domestic enquiry.. CiteHR Page 2
The proper forum is to approach the Conciliation Officer under Industrial Disputes Act and get the dispute either settled in Conciliation Proceedings or get the dispute referred to the Labour Court.
The proper forum is to approach the Conciliation Officer under Industrial Disputes Act and get the dispute either settled in Conciliation Proceedings or get the dispute referred to the Labour Court.
DEar Mr Zshreays
Thanks for your valued advice.
The matter was taken the Labor Dept - Govt of West Bengal
As i was absent during that period it was dismissed for which I now proceeded before the High Court - Kolkata
DEar Mr Zshreays
Thanks for your valued advice.
The matter was taken the Labor Dept - Govt of West Bengal
As i was absent during that period it was dismissed for which I now proceeded before the High Court - Kolkata
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