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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: March 28, 20242024-03-28T14:03:06+05:30 2024-03-28T14:03:06+05:30In: PGCIPWS

Explain Job Security – Fair Dismissal.

Explain Job Security – Fair Dismissal.

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    1. Himanshu Kulshreshtha Elite Author
      2024-03-28T14:03:47+05:30Added an answer on March 28, 2024 at 2:03 pm

      Job security refers to the assurance and confidence that employees have in retaining their employment within an organization over a certain period, typically due to factors such as job stability, contractual agreements, and protection against unfair dismissal. Fair dismissal, on the other hand, refers to the termination of an employee's employment by an employer for valid and justifiable reasons, conducted in a manner that adheres to legal and ethical standards, ensuring fairness and equity in the dismissal process.

      Fair dismissal entails several key principles:

      1. Valid Grounds: Employers must have valid reasons for dismissing an employee, such as poor performance, misconduct, redundancy, or incapacity. The reasons for dismissal should be legitimate, supported by evidence, and consistent with the organization's policies and procedures.

      2. Due Process: Fair dismissal requires employers to follow proper procedures and protocols when terminating an employee's employment. This includes providing the employee with adequate notice or payment in lieu of notice, conducting an unbiased investigation, giving the employee an opportunity to respond to allegations, and offering a fair hearing or appeal process.

      3. Non-Discrimination: Employers must ensure that dismissal decisions are not based on discriminatory factors such as race, gender, age, religion, disability, or other protected characteristics. Dismissal should be based solely on job-related criteria and performance standards, applied consistently and fairly to all employees.

      4. Procedural Fairness: Fair dismissal requires employers to act reasonably and fairly throughout the dismissal process, treating employees with dignity, respect, and sensitivity. Employers should communicate openly and transparently with employees, providing clear reasons for dismissal and offering support and assistance during the transition period.

      5. Legal Compliance: Employers must comply with relevant labor laws, regulations, and contractual obligations governing dismissal procedures in their jurisdiction. This includes adhering to statutory notice periods, severance pay requirements, and other legal obligations related to dismissal.

      Overall, fair dismissal ensures that employees are treated fairly, respectfully, and lawfully when their employment is terminated, balancing the rights and interests of both employers and employees. By upholding principles of fairness, transparency, and compliance with legal standards, organizations can maintain positive employee relations, foster trust and loyalty, and mitigate the risk of legal disputes or reputational damage associated with unfair dismissal practices.

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