DUE PROCESS IN TERMINATING AN EMPLOYEE

Employers are exposed to a number of legal and reputational risks resulting from wrongful termination or not following due process. Employers should therefore plan to constuct contracts and human resources [HR] materials to ensure that senior management, HR personnel employees are fully apprised of their rights and responsibilites.

There is no standard process to terminate an employee in India. An employee may be terminated according to the individual labour contract signed between the employee and the employer termination.

Employers should be aware, however that labour laws supersede the provisions labour contracts – any termination policy or clause outlined within a contract should be checked against the law by a professional.

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