Abhay Gaikwad 05 February 2020
Siddhartha Kundoo 06 February 2020
Respected Sir,
A 30 to 90-day notice period applies in order to terminate ‘workmen’ (as defined in the Industrial Disputes Act, 1947) – that is, employees whose role is not primarily supervisory, administrative or managerial) for convenience, with 15 days’ pay due for every year worked. In the case of manufacturing units, plantations and mines with 100 or more workmen, termination for convenience requires prior government approval; in other sectors, it requires only government notification. Termination for cause does not include non-performance – it includes the only behaviour which qualifies as misconduct.
It is advised to file a suit in the competent court having jurisdiction.
Regards,
Siddhartha Kundoo