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Explanation:It is common for corporates to carry out termination of employees who do not meet their performance requirements, or are found wanting in their conduct or are incapable of working in teams. HR units often act in a rush thinking all they have to do is to invoke the terms of the employment contract regarding termination. Not surprisingly, terminations are carried out with little or no idea of the requirements of the governing legislations in India. This is even more typical in the case of subsidiaries of foreign companies who often overlook that employment laws in India are based on legislations which override contractual terms of employment. This memo aims to highlight that the issue of termination simpliciter is a tricky business, and the prevailing impression that it is a simple case of hire and fire, is flawed and fraught with legal implications. The governing legislations have mandatory provisions for notice for termination of workmen, or employees who are non-workmen. Some of the legislations are State specific (e.g. Punjab, or Maharashtra, or Tamil Nadu, depending on the State) and have different requirements of notice for employees who are terminated by way of removal simpliciter or by way of dismissal for misconduct. In the case of large units doing manufacture, there are requirements to obtain permission from State Governments in certain cases.
Retrenchment, as commonly understood is termination of an employee on the grounds of surplus labour or incapacity of employees due to some economic grounds. However, the Industrial Dispute Act, 1947 (the "ID Act") is the governing legislation for "retrenchment", which takes the wider view of termination of employee as against the ordinary meaning of the term retrenchment. Section 2(oo) of the Act states that "retrenchment means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include –
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I am not able to understand ur language........ sorry