Can Managerial employee go to labour court for money or leaves matters or in case of termination with immediate effect without notice period?
From India, New Delhi
From India, New Delhi
Dear Sneha Bansal, the Employee in question should determine, whether he comes under definition of Employee as defined under Sec 2(S) of Industrial Disputes Act, 1947
What Money is due to the Employee?
Leave matters (What Types of Leave under which Act?) can be taken up with Jurisdictional Labour Officer
can you please elaborate Termination without Notice period? Notice pay as per the Terms of Appointment Order has been paid or not?
Being a Managerial Employee, you should frame your question giving all relevant details for reply
From India, New Delhi
610What Money is due to the Employee?
Leave matters (What Types of Leave under which Act?) can be taken up with Jurisdictional Labour Officer
can you please elaborate Termination without Notice period? Notice pay as per the Terms of Appointment Order has been paid or not?
Being a Managerial Employee, you should frame your question giving all relevant details for reply
From India, New Delhi
The question of whether a Managerial Employee gets covered under the ID Act is a question of fact and law. The principle is that nomenclature, designation will not determine the status of employee, it is the actual duty discharged by him that will decide whether one is workman or not as per the Act. Where the employee was not discharging any managerial or supervisory duties it has been held to be workman. So the actual nature of the duties discharged has to be evaluated on the above principles before embarking upon any litigation under ID Act 1947.
From India, Mumbai
From India, Mumbai
I think that the questioner is damn sure about the managerial capacity of the employee concerned. Therefore, the categorical answer to her query is a simple " NO " only. When an employee is a manager or managerial cadre employee by means of his duties and responsibilities and s/he is not disputing it, no more further debate. A managerial cadre employee can not work out his remedy for any grievance including unpaid monetary dues other than statutory gratuity under the labor laws. Only Civil remedy for recovery of dues with damages is available.
From India, Salem
From India, Salem
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