hi All,
Please help me out with this Situation. We have an employee who has family issues and has applied for divorce. The advocate handling the case has a query for us. The advocate says if there is a legal notice issued to the company asking us to terminate the employee based on some grounds, what should we as employers do and how d we handle such cases. We do not have any such clauses in our policy though. Please suggest what might be the legal implications and should we abide by the notice and terminate the employee though he is an excellent performer?
early response appreciated and obliged.
thanks
From India, Bangalore
Please help me out with this Situation. We have an employee who has family issues and has applied for divorce. The advocate handling the case has a query for us. The advocate says if there is a legal notice issued to the company asking us to terminate the employee based on some grounds, what should we as employers do and how d we handle such cases. We do not have any such clauses in our policy though. Please suggest what might be the legal implications and should we abide by the notice and terminate the employee though he is an excellent performer?
early response appreciated and obliged.
thanks
From India, Bangalore
Dear Sandhya,
Reference to the subject, which you have mentioned for the termination of the employee that too on the unclear grounds, The employer has no rights to involve in the employees personal life. If his/ her personal issues affecting the performance directly or indirectly towards company then you can counsel the employee and can give some time to settle there issues for certain period ( Based on the importance of the candidate availability for the company i.e.15 to 30 Days) according to the company policy.
But don't think that the employer is no way concern of the employee, you should make clear to the employee that we are concerned about your personal & professional life, and can communicate to go on leave for certain days and continue or rejoin the company for the smoother process, which shows the employee also that Individuals has been taken care by the company at the crisis period.
The management should take the call according to the records of the individual employee for the termination of the employee.
This is only the suggestion from my end. If I am not correct pls let me know.
Thanks
Deepak
From India, Bangalore
1Reference to the subject, which you have mentioned for the termination of the employee that too on the unclear grounds, The employer has no rights to involve in the employees personal life. If his/ her personal issues affecting the performance directly or indirectly towards company then you can counsel the employee and can give some time to settle there issues for certain period ( Based on the importance of the candidate availability for the company i.e.15 to 30 Days) according to the company policy.
But don't think that the employer is no way concern of the employee, you should make clear to the employee that we are concerned about your personal & professional life, and can communicate to go on leave for certain days and continue or rejoin the company for the smoother process, which shows the employee also that Individuals has been taken care by the company at the crisis period.
The management should take the call according to the records of the individual employee for the termination of the employee.
This is only the suggestion from my end. If I am not correct pls let me know.
Thanks
Deepak
From India, Bangalore
The contract of employment is between the employee and the employer. If the employee is abiding by the conduct rules applicable to him/her, and performs the assigned job as per the expectations of the employer, where is the question of terminating him/her.The services of an employee can be terminated by retrementment or dismissal. Here there is no ground for retrenchment or dismissal.
If the employee had committed any criminal offence outside the work place which comes under any law in force in the country, you can initiate action as per the standing orders or conduct rules or service rules or terms of contract applicable to him/her.
Please be clear in your question. What is the actual problem in your case ?
From India, Madras
If the employee had committed any criminal offence outside the work place which comes under any law in force in the country, you can initiate action as per the standing orders or conduct rules or service rules or terms of contract applicable to him/her.
Please be clear in your question. What is the actual problem in your case ?
From India, Madras
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Enforcement of negative covenants in employment terms.pdf