When an employee's employment is terminated, it's generally due to poor performance, or misconduct. The voluntary act of an employee quitting their position, generally with notice, is called resignation. Resignation enables employees to leave on their own terms and may preserve reputation and recommendations for future opportunities, whilst termination may result in severance or legal consequences.
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An interviewer may inquire as to why you left your former job when you apply for a new one. In addition to your own voluntary resignation, your employer has the authority to terminate you. Gaining an understanding of the distinction between resignation V termination will enable you to more effectively inform recruiting managers about the reasons for your departure from your prior employer and your search for new work.
Laws that Protect Employees in the Workplace
Some important laws that protect employees in the workplace are as follows:
- The Factories Act, 1948: An extensive piece of legislation that addresses the welfare, health, and safety of factory workers is the Factories Act.
- Industrial Dispute Act, 1947: Worker-only disputes are covered by the Industrial Dispute Act. It includes labour disputes, labour actions like lockouts and strikes, layoffs, retrenchments, and task transfers, as well as modifications to the working environment and circumstances of employees.
- Minimum Wages Act, 1948: According to the Minimum Wages Act, every employee in India is entitled to a minimum salary that enables them to maintain their level of life and obtain necessary services.
- Contract Labour (Regulation and abolition) Act, 1970: It regulates contract labour in businesses and allows its abolition under specific conditions.
- Sexual Harassment of Women at Workplace Act, 2013: Women are shielded against hostile work environment harassment by the provisions of this law and the Indian Penal Code. The organization must keep its internal sexual harassment complaint mechanism up to date.
- The Maternity Benefits (Amendment) Act, 2017: The purpose of the Act is to restrict the employment of women workers in particular establishments for a specific period of time before and after childbirth, as well as to give maternity benefits to such workers.
termination V Resignation: Differences
The differences between termination and resignation are as follows:
When it comes to looking for a new job, there can be a big difference between being termination and resignation. It may be simpler for you to explain why you left one job to take a new one or why you are looking for a current position if you are aware of the distinctions between the two.
employee termination laws: How to Terminate an Employee?
The employee termination laws to terminate an employee is:
- When firing "workmen," the Industrial Disputes Act of 1947 requires a notice period of thirty to ninety days. "Termination for convenience" requires government approval for manufacturing facilities, plantations, and mines employing 100 people or more; in other sectors, it just needs government notification.
- When an employee is let go for convenience, employers are required to make sure that the last worker to join the company in that job is laid off first. In an ideal world, workers who were let go for convenience should be given the chance to re-apply when such companies rehire for the same position.
- Employers must weigh their convenience against the risk of breaking the terms of the Maternity Benefit (Amendment) Act, 2017 if a terminating employee is expecting or plans to take maternity leave.
- Under Indian law, non-compete agreements are unenforceable, and non-solicitation clauses have restricted enforcement options.
- Under the Indian copyright regime, employees are required to provide formal assignments in accordance with the "work for hire" principle.
termination of the employment contract: Reasons
- Mutual Agreement: An agreement can always be terminated by the parties concerned by consenting to do so.
- Poor Performance: Poor performance resulting from behaviour might manifest as numerous absences, treating coworkers and bosses rudely or disrespectfully, and having a bad attitude can result in termination of the employment contract.
- Employee Misconduct: The intentional breaking of an explicit or implicit employee policy is referred to as employee misconduct resulting in termination of the employment contract.
If you need the help of a lawyer, a lawyer can assist in drafting the employment contract; after reviewing the circumstances, they can include numerous clauses and terms with great efficiency.
Sharks of Law is a one-stop legal destination of repository of lawyers’ expertise in employment laws possessing the highest legal qualifications in employment matters. You can find a lawyer who satisfies your legal needs. The legal professionals at Sharks of Law have the necessary experience to offer you legal consultation in the areas of employment cases where you need it.
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Adv Vipul Singh Raghuwanshi
Legal expert and contributor at Sharks of Law. Committed to providing clear and accessible legal guidance to everyone.
