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Ankit Mishra   13 July 2018

Termination from job without any intimation

Sir, This is Ankit mishra from Delhi sir this is story about my elder brother who had been working in a Pvt. Ltd. cmpany for four years. now he has terminated from his job without any intimation, sir there is only one mistake done by him which is that he took a nap at the time of duty. and only this cause he was fired from his job. and after some day he was called by his employer to come back on job at lower post as labour and on lower salary. and now my brother is compel to do this work because his wife is pregnant for eight months and needs ESI hospital facility.
so sir tell us what can we do after this.


Learning

 4 Replies

Vaishnavi Kohale   13 July 2018

sir tell me if approved employee worked for certain days is he entitled for salary...provide me details case laws

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

sir also provide me case kaws

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. 

 


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