Employee Termination: Balance Due Process With Humane Considerations

1. Introduction

Regulation of Indian employment matters is a concurrent subject and covered by both central and states' laws. The relationship between an employer and employee is regulated by contract law. Generally speaking, the framework of Indian labor law differentiates between an employee and workman, the latter is equated to a blue-collar worker. The provisions relating to working conditions also vary depending upon whether the establishment in question is a factory, a shop or other kind of commercial establishment. A key component of managing relations well is to strike a balance between terms of employment and conditions of labor of the workmen and employees versus management expectations. Given the socialist leanings in India, discontented workforce (blue or white-collar) can potentially become a powerful and a disruptive force. Thus, Indian labor law involves balancing complex relationships between the employees, employers and government, while looking at