Except workmen category employer can terminate service of an employee by giving due notice or Pay up for such notice period.
Termination during the vacation
Hi Sir, Is it legal to terminate an employee during the vacation. I heard the trusted news from the company that they are going to terminate many employees. If those employees want to use their leave balance to go on sick leave is that okay. And during this period can the employer terminate those employees who are on vacation. Thanks Purushotham
Asked 5 years ago in Labour
21 Answers
1. The employee as per condition in agreement may give notice period and may terminate employees on leave also. The employment condition will be guided by terms and condition of employment agreement .
If you have failed to report for duty management can terminate your services
your vacation leave or sick leave should have been sanctioned by management
If they have enough money and use this Covid Situation to terminate is legal ? And its not based on the performance , its purely to maximise their profits..is it legal ?
Asked 5 years ago
If they terminate your services complain to labour commissioner
Guarantee for job is only for govt. employee under constitution of India. Other than this there is no guarantee of job except for lawful dismissal of workmen category.
1. There is no law which says that an employee cannot be terminate during vacation.
2. If the sick leave is permitted by the rules of the company then they can go on sick leave.
3. The scope of judicial challenge to termination of an employee by a private employer is in a very narrow compass and is limited to finding out whether principles of natural justice have been followed or not.
The service conditions are dependent upon the terms & conditions of your appointment letter.There must be clause in the appointment letter with regard to procedure to be followed for termination of services.
Dear Sir,
Now the interest of the employees are protected under the following circulars.
==================================================================
https://labour.gov.in/advisories-covid-19
EMPLOYEE CIRCULARS BY LABOUR DEPARTMENT
=================================================================
Employment Lawsfor Multinational Companies in India
Section 12 in The Industrial Disputes Act, 1947
- Duties of conciliation officers.-
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
Yes,.
Still i would advise you to file a temporary injunction application against the company if they initiate the termination process
1. See the termination clause from agreement need to be seen by giving proper notice they may terminate.
Its important to give show cause notice before termination. It is also important to give atleast 3 months notice pay to the employee.
No, its all illegal performing the company you may complaint to Labour Commissioner of your city.
Dear Sir,
During the situation of pandemic no employee can be terminated, rather the company may take the route of lay off.
- As per law, an employer can terminate its employee , if found guilty of willful insubordination or disobedience; theft, fraud, or dishonesty; willful damage to or loss of employer’s goods; partaking of bribes or any illegal gratification; absence without leave for more than 10 days; habitual late attendance; disorderly behavior during working hours; or habitual negligence of work.
- Further , an employer cannot terminate an employee without giving the employee at least 30 days of notice or a salary in lieu of such notice.
- Further, as per the Industrial Disputes Act , any such employee who has been employed for greater than a year can only be terminated after permission is granted by a suitable government office. Additionally, an employer must provide valid reason for termination and pay a severance amount that is equivalent to 15 days’ average salary for each year of uninterrupted employment.
- Hence, as per law, the company cannot terminated you with without any sufficient reason , and specially ,when you are on vacation.
- If the company terminate its employee for the purpose of decease expenditure and making profit , then also against the norms of law, and the employee is free to file a case for the restoration of their jobs , and to claim compensation as well.
If the employee who avails leave and fails to report as per Company's HR policy, the company after serving notice can terminate services of employee.
Merely, it cannot terminate services of employee who is on vacation / sick leave without assigning reasons.
The action of the Company shall be in accordance with the policy and in line with service rules.
Response to your second post:
If the termination is against the HR Policy and services rules / labor laws (if applicable to your case) you can lodge complaint to the Concerned Department (Labor Commissioner) with all proofs.
The employer cannot terminate any employee without proper reason or without following the procedures of law.
The termination during the leave period may not be legally valid.
Nobody is allowed to practice illegal methods to terminate its employees.
Th affected employees can appraoch the labor court or even high court with a writ petition seeking remedy and justice
If you are an employee on roll, then you cannot be terminated if you have taken leave. Many companies have summary termination for absence, (See ur company internal rules)
But if you have taken the leave and informed the company then no action can be taken Let me know if you need help with the legal notice.
there is certain remedy for wrongfull termination but depend on case and condition of employment agreement.
Yes employer can terminate their employees during vacation period by paying salary for notice period.
