Hi,
First of all the action is appropriate. In future, in such cases if he request the Management not to put any adverse note on termination letter than at that time ask such person to put up his resignation and on the basis of his resignation, seperation process has to be done.
Secondly, you have not mentioned where (in which court) he has challange his termination. Being the Managerial role he is not entitle to challange this matter in Labour Court.
M Gohel
From India, Ponda
First of all the action is appropriate. In future, in such cases if he request the Management not to put any adverse note on termination letter than at that time ask such person to put up his resignation and on the basis of his resignation, seperation process has to be done.
Secondly, you have not mentioned where (in which court) he has challange his termination. Being the Managerial role he is not entitle to challange this matter in Labour Court.
M Gohel
From India, Ponda
Clearly the man has no principles from 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 email will be accepted as evidence.
If three months pay was specified,why did he not raise the issue of being given one month 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. Every thing 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 labelled as partisan witnesses.
Do not compromise with unscrupulous people.
From India, Pune
3124Find out who his new employer is and let them know of his character.
Even email will be accepted as evidence.
If three months pay was specified,why did he not raise the issue of being given one month 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. Every thing 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 labelled as partisan witnesses.
Do not compromise with unscrupulous people.
From India, Pune
"the employee got on his knees and begged to not disclose the reasons of terminations in letter for his secure career his request is been considered on humanity grounds and the termination letter was issued accordingly, company also paid him one months due salary for his working period with other allowance like bonus and leave pays"
As per above sentence you are going the termination process through cos. hr policy. you also paying the one month salary.
dear sir,
i want to sure you that in rules & regulation co. not consider any personneol feeling. if you are written on the appointment letter in case of misconduct or misbehviour the employee will be terminated without any notice pay.
thaen why are you given the favour.
there fore if you are given the termination through hr process than than he was elegible for the pay
Thanks
Niraj Kumar
HR Officer
8458807877
From India, Bhopal
As per above sentence you are going the termination process through cos. hr policy. you also paying the one month salary.
dear sir,
i want to sure you that in rules & regulation co. not consider any personneol feeling. if you are written on the appointment letter in case of misconduct or misbehviour the employee will be terminated without any notice pay.
thaen why are you given the favour.
there fore if you are given the termination through hr process than than he was elegible for the pay
Thanks
Niraj Kumar
HR Officer
8458807877
From India, Bhopal
Hi Chitralekha !!
Greetings!!
as per my understanding the emoloyee you have terminated he is not a workmen because as definition given in Sec 2(s) of ID act,1947. It is a matter of Contract law so it can be decided by labour court. Actually while giving any opinion and judgement it must be objective in nature and as you know LC will not act as a civil court so while LC will probe into matter, the bench will find out the employee was terminated because of misconduct and it is disciplinary action so must not worry but as i say you must next time send the mail regarding warnings. He can deny to receive the letter but can not deny the mails and he cannot say that i hav'nt seen the mail, because it's his fault. so take all evidence in form of documents and persons you will win for sure.
Proper homework will be required.
Best wishes !!
Regards
Anoop Singh
From India, Delhi
Greetings!!
as per my understanding the emoloyee you have terminated he is not a workmen because as definition given in Sec 2(s) of ID act,1947. It is a matter of Contract law so it can be decided by labour court. Actually while giving any opinion and judgement it must be objective in nature and as you know LC will not act as a civil court so while LC will probe into matter, the bench will find out the employee was terminated because of misconduct and it is disciplinary action so must not worry but as i say you must next time send the mail regarding warnings. He can deny to receive the letter but can not deny the mails and he cannot say that i hav'nt seen the mail, because it's his fault. so take all evidence in form of documents and persons you will win for sure.
Proper homework will be required.
Best wishes !!
Regards
Anoop Singh
From India, Delhi
Dear Sir
As i was employed one of the organisation where in while settlement my earned leave was calculated on the basic only whereas as per the information that the earned leave wages should be calculated on the gross salary
kindly confirm which is correct in case the earned leave should be calculated on the gross then should i eligible to ask for the balance amount with the company legally and is there time limit to ask the same. pls clarify
From India, Madras
As i was employed one of the organisation where in while settlement my earned leave was calculated on the basic only whereas as per the information that the earned leave wages should be calculated on the gross salary
kindly confirm which is correct in case the earned leave should be calculated on the gross then should i eligible to ask for the balance amount with the company legally and is there time limit to ask the same. pls clarify
From India, Madras
Find answers from people who have previously dealt with business and work issues similar to yours - Please Register and Log In to CiteHR and post your query.
Compensation payable under Employees Compensation Act even in case of negligence - SC 4.2.2016.pdf
Case studies on R & S.doc