TYPES OF TERMINATION OF EMPLOYMENT

~ Prakrati Mishra

Termination of employment may take place due to misconduct, discharge or retrenchment.

  1. MISCONDUCT : Termination of employment can be for misconduct, for which the employer is required to conduct disciplinary proceedings . The procedure to terminate an employee in India, for conducting a disciplinary proceeding has been set out under law. It includes constituting and having a disciplinary panel, serving a show cause notice to the errant employee, and giving the employee a reasonable chance to put chance to put forth his defense. Proceedings have to be conducted in a fair manner, keeping in mind the principles of natural justice.

In some cases, the outcome of the disciplinary proceeding may justify dismissal without notice and any compensation. Under the law, the term misconduct provides a list of circumstances and events would amount to Misconduct. It is an inclusive list and hence the employers have the right to include in their company policies/ service rules, such other events as it may deem fit, which would in their line of business amount to misconduct.

Misconduct includes Wilful Insubordination or Disobedience; Theft , Fraud or Dishonesty; Wilful damage or Loss of employer’s property; Bribery; Habitual lateness or Absence; Striking unlawfully and Sexual harrasment.

The aforesaid procedure for termination will apply to all employees whether workman or non-workman.

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Published by Prakrati Mishra

A student of SY BA specializing in English. After Graduating, will be studying Law for JMFC Exam. With this web page I am sure that each one of us will find it helpful in some way or the other also we can have debates over the ongoing topics or can write your personal opinions or helpful information that can make the blog more enhanced. Basically my main moto to start writing the blogs is to learn the mindset of our people ; to understand the pros and cons about our country and to make people aware of the current situations going on in our country. The best part about blogging is that we're not locked up anywhere we can Express our Views Express the Saddest situations of our country Express the happiest and Proudest moments of our country and learn to respect the Laws made by our Drafting Committees The Parliament and other. We are all Indians and before being an Indian we all are Humans hence it is our responsibility that we think good about Other Human Other Country and make our country a safer place to live in a better place to work and faster place to take actions. !

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