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Q. Illustrate Termination process?
Termination: the employee's service can be terminated in the following forms:
a. Discharge simplifier: termination of the service of an employee may not be on account of his misconduct but may be for loss of confidence or for certain other reasons which do not cast a slur on him. This is referred to as discharge simplifier. In such a case, if the employee challenges the employer's benefices, the employer must prove them. In it, the employer is not bound to hold an enquiry.
b. Discharge: discharge amounts to termination of service by giving agreed notice or payment and acceptance of money in lieu of such notice. In other words, in discharge, the reciprocal promises and obligations are stated to be discharged.
c. Dismissal: Dismissal is also referred to as industrial capital punishment. Dismissal is the extreme form of the punishment. It is usually awarded only when it becomes incompatible to a continue employer employee relations. It is also rewarded increases of wilful insubordination, riotous or disorderly behaviour, theft etc.
"one of those general precepts of our law of contract is that covenants legally entered into cannot be revoked except by mutual consent of the parties thereto (article 1134 C.nap)
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