In every service contract, there is a clause relating to termination of service by which the service of an employee can be terminated by giving notice of a certain period or salary in lieu.
As far as workmen are concerned this clause can not be used arbitrarily and is required to be preceded by an inquiry by resorting to the procedure prescribed in standing orders.
Can the service of an officer or managerial staff be terminated having recourse to this clause?
From India, Pune
4As far as workmen are concerned this clause can not be used arbitrarily and is required to be preceded by an inquiry by resorting to the procedure prescribed in standing orders.
Can the service of an officer or managerial staff be terminated having recourse to this clause?
From India, Pune
Termination of officer/management staff is possible.However, this should be done in accordance with the separation clause / notice period clause, mentioned in the appointment order, issued to
that category of employees, working in your company
From India, Aizawl
that category of employees, working in your company
From India, Aizawl
Termination of management staff only in terms of letter of appointment is following the Hire and Fire policy and is arbitrary.The employee and employer do not have equal bargaining power,while signing employment contract and therefofe this unilateral clause is illegal.
This is applicable to Public sector as well as private sector.
We had two matters in pune district court in appeal,wherein services of officers was terminated for loss of confidence with paying all dues including gratuity.The matter went in favour of officers and they were awarded compensation.
Now the matter is before High Court.
From India, Pune
This is applicable to Public sector as well as private sector.
We had two matters in pune district court in appeal,wherein services of officers was terminated for loss of confidence with paying all dues including gratuity.The matter went in favour of officers and they were awarded compensation.
Now the matter is before High Court.
From India, Pune
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