Reconciling 'Just Cause' with Contractual Autonomy: A Balancing Act
labour clat_pg intermediate discussionKya yeh sambhav hai ki koi employee aazadi ke saath apne contract ko break kar sake? (Is it possible for an employee to break his contract freely?) Section 35-B of the Industrial Disputes Act, 1947, mandatorily requires employers to give two months' notice in writing for retrenchment. However, does this restrict the employer's contractual autonomy?
I believe that an employer should be allowed to terminate an employee's contract on grounds of 'just cause', even if it's not a 'reasonable' ground, as per the Industrial Disputes Act. Employer autonomy should not be restricted, provided they give adequate notice. What's your take on this? Do you agree or disagree?
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Maine aapki baat samjhi hai, lekin main nahin manata ki contract mein 'just cause' ko apne upar nahi uthana chahiye. Yeh to employment law mein ati hoti hai. Contractual autonomy ko limit karna to sarkar ki bhi zaroorat hai, jab tak yeh employee ka rights nahi khatre mein pade. Aur hum kaise pata karenge ki 'just cause' kya hai?