Ankit Mishra 13 July 2018
Vaishnavi Kohale 13 July 2018
Raghav Arora 13 July 2018
Hi Amit! Thanks for the question!
It totally depends upon the seriousness of the reason for terminating an employee. If the reason is due to Integrity /s*xual harassment/ theft then the employer can be terminated on immediate effect. If the reason is for performance, transfer rejections or budget constraints, then the employer has to give a notice period of some time to the employee.
As you have written that your brother took a nao, it deserves a warning notice and should not be terminated without an intimation. You can move the Labour Court for the same. However, it can be a tedious and frustrating process for you.
Good Luck!
Vaishnavi Kohale 13 July 2018
N.K.Assumi (Advocate) 14 July 2018
Taking a nap duing duty may amounts to misconduct liable to be penalised by the employer, though Oxford University research shows that taking nap at noon time enhance working capacity of employees.In you case, if your bro was found napping for the first time and if there is no such incidents in the past with warning by the employers, the punsishment is certainly not propotionate with the misconduct and there can be industrial dispute by approaching the approprite authority, including termination wihout notice, a mandatory obligations of laws to be followed and observed by every employer in India.