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ARTICLE · 02 AUGUST 2018

Termination- Easy To Conceive, Difficult To Execute

There is a greater acceptance of terminations in case it is for non-performance and non-stigmatic with proper evidence and documentation.

IndiaEmployment and HR

Recently, the Indian courts have adopted a trend to accepting terminations simpliciter if they are as per the terms contained in the contract and the termination is non-stigmatic. There is a greater acceptance of terminations in case it is for non-performance and non-stigmatic with proper evidence and documentation. The article focuses on this aspect while analyzing the importance of careful drafting of the employment contracts so as to mitigate the acrimony associated with the process of termination among the management and the employees. From the employee's perspective, multinational corporations in India are proactively adopting the best practices to provide more generous settlements through their employment policies which seek to better the benefits provided for in the welfare legislations.

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