Un-lawfull termination of srvices
Vinisha
(Querist) 29 July 2013
This query is : Resolved
Hello Team,
I would like to know expert opinion about below situation. It seems to be really interesting and I've been raking my head with out any fruitful result.
A person was appointed as Business Relationship Manager by a firm in Nov 2012 for its Delhi Office. The person was the only employee for the Delhi location for more than 3 months as the company had opened its regional office and this person was first employee of the same. In Mar 2013 three more employee joined and in Apr 2013 Delhi team was awarded best performing team. In May 2013 this person was confirmed and on Jun 3, 2013, HR sends a mail to this person that he has been Non Performing and management offered him to be on notice period for two months and look for job. He was asked to submit all his assets i.e. laptop etc.
My friend did so however, by mistake he ended up deleting the data from his laptop. Now HR informed him that management has decide to terminate his services with effect 31 May 2013 since deleting the data was violation of the policy.
Now, my queries are listed below:-
1) Can an organization terminate the services with effect of some date prior to current date.
2) Is organization entitled to terminate the services with out any warning and with in fortnight of confirming the services.
Regards,
Vinisha
Nadeem Qureshi
(Expert) 30 July 2013
Dear Querist
if the deleting data is a restriction clause in appointment letter or company policy/rules and regulation then the company has right to terminate the service but without given sufficient opportunity the company can not do that. there will be termination clause in the appointment letter the company is bound by this clause.
Nadeem Qureshi
(Expert) 30 July 2013
Dear Querist
if the deleting data is a restriction clause in appointment letter or company policy/rules and regulation then the company has right to terminate the service but without given sufficient opportunity the company can not do that. there will be termination clause in the appointment letter the company is bound by this clause.
Rajendra K Goyal
(Expert) 31 July 2013
1) Can an organization terminate the services with effect of some date prior to current date.
- Generally not, till in accordance with the appointment letter/ service conditions.
2) Is organization entitled to terminate the services with out any warning and with in fortnight of confirming the services.
-Suspension can be immediate, for termination procedure should be followed.
Guest
(Expert) 31 July 2013
Can you please intimate what concern you have with the problem of the person, who was appointed as Business Relationship Manager by a firm?
If it is a problem of the firm, which terminated his service, in what capacity of the form you are related to the problem?
Better clear your position first in relation to the problem and only then seek appropriate solution, otherwise, you can expect to continue raking your head without any fruitful result.
Raj Kumar Makkad
(Expert) 04 August 2013
It seems that the querist has no relationship with the contents of the query.
