Termination to private employee after poor performance
prahalad bagda
(Querist) 19 June 2012
This query is : Resolved
Limited Company has terminated his confirmed employee due to poor performance. The Employee was joined the company in 2008. 2009 to 2010 his performance was very poor and given to him termination notice but after his request company was given to him again chance after management approval. In 2010-2011 year his performance was so-so and in 2011-2012 his performance was again poor. Finally company has given one month termination letter as per terms and condition. Appointment letter wherein terms and condition were incorporated not signed by him. Finally he has terminated. He has given notice to company for retain to him and withdraw the termination letter.
Kindly guide to us that employee has any remedy with any authority while one month termination period salary paid to him.
Regards
Prahalad
Parveen Kr. Aggarwal
(Expert) 19 June 2012
In what capacity the employee was employed? If he is covered by the term workman he can avail the remedies under the Industrial Disputes Act. Otherwise, he has no remedy.
Parveen Kr. Aggarwal
(Expert) 19 June 2012
In what capacity the employee was employed? If he is covered by the term workman he can avail the remedies under the Industrial Disputes Act. Otherwise, he has no remedy.
JANAK RAJ VATSA
(Expert) 19 June 2012
as stated by you that the employee has not signed the appointment letter. this implies that he had not accepted the terms of services inthe company. he can take this as a defence against his termination in a suitable forum.
prahalad bagda
(Querist) 20 June 2012
73 working employees are in this state and about 1500 total employee in PAN india
