if a worker had done 21 days of service we had retriche him from his work in that condition if i am liable to give him any kind benifite 2 him
From India, Indore
From India, Indore
in case you have retrenched him and the employee has not rendered 240 days of service in the last preceding twelve months than there is no requirement of payment of any retrenchment compensation. however there are other things to be seen ;........like whether section V B of the Act is applicable.....i.e like in Delhi if a factory is having more than 100 employees on an average in the preceding twelve months than permission for retrenchment is required.
than in any case last come first formula Section 25 G will be applicable and section 25 H i.e whenever there will be requirement for the same job will be there you have call upon the retrenched employee first. then there is way defined in Industrial Disputes Act for retrenchment like seniority list to be displayed, form p to be send.
so it is better to have a probation clause in the appointment letter and terminate the services during probation which will not be covered under retrenchment and all the above conditions will also be foregone.
Anurag Lakhotia
Industrial cum Labour Law consultant
Advocate
Delhi HIgh Court.
From India, Delhi
3than in any case last come first formula Section 25 G will be applicable and section 25 H i.e whenever there will be requirement for the same job will be there you have call upon the retrenched employee first. then there is way defined in Industrial Disputes Act for retrenchment like seniority list to be displayed, form p to be send.
so it is better to have a probation clause in the appointment letter and terminate the services during probation which will not be covered under retrenchment and all the above conditions will also be foregone.
Anurag Lakhotia
Industrial cum Labour Law consultant
Advocate
Delhi HIgh Court.
From India, Delhi
Dear Pramod,
If the employee is on probation and there is a clause of termination of employment by notice either side, the same has to be put on paper and no aforesaid reasons to be mentioned for such termination of employment.
for example: Refer to the clause no ..., your employment stands terminated and you are given --- month pay in lieu of notice period
A recent judgment from SC clearly speaks that 'termination of a probationer for any reason whatsoever would constitute 'retrenchment'. All non performance issues need to have documentary evidence of opportunities given and inquiry is done before termination was effected.
Hope this is clear for you to make a decision.
Regards,
Murali
From India, Chennai
If the employee is on probation and there is a clause of termination of employment by notice either side, the same has to be put on paper and no aforesaid reasons to be mentioned for such termination of employment.
for example: Refer to the clause no ..., your employment stands terminated and you are given --- month pay in lieu of notice period
A recent judgment from SC clearly speaks that 'termination of a probationer for any reason whatsoever would constitute 'retrenchment'. All non performance issues need to have documentary evidence of opportunities given and inquiry is done before termination was effected.
Hope this is clear for you to make a decision.
Regards,
Murali
From India, Chennai
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