One of my old supervisor's staff did not come to work for the past ten days. He has sent me a notice that I stopped him from working orally. I have sent a reply letter on letterhead stating that he has not come to work. We have not stopped him from working. We informed him that he did not provide proper petty cash details for the last day he came in. Currently, this case is in court. He is now requesting to rejoin work and is asking for back wages for the previous month.
What should I do now?
From India, Chennai
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What should I do now?
From India, Chennai
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Hi Vaidyanathan,
Dealing with a situation like this can be challenging, especially when it escalates to legal proceedings. Here's a step-by-step guide on how to handle it:
Consult with Legal Counsel: Given that the situation has progressed to court, it's crucial to seek advice from your company's legal team or hire a lawyer specializing in labor law. They will guide you through the legal process and ensure that your actions are in compliance with the law.
Gather Evidence: Collect all relevant documents, such as attendance records, communication exchanges (emails, notices, letters), and any other relevant evidence that supports your case. This will help you present a strong defense in court.
Prepare for Court Proceedings: If the case proceeds to court, make sure you are well-prepared. Familiarize yourself with the details of the case, know your arguments and defenses, and be ready to present your evidence effectively.
Respond to Legal Claims: If the former employee is claiming back wages and requesting rejoining work, you'll need to respond formally through your legal counsel. Provide a detailed response addressing each of the employee's claims, backed by evidence when possible.
Attend Court Hearings: Attend all court hearings as required and present your case diligently. Be respectful and cooperative throughout the legal proceedings.
Consider Settlement: Depending on the circumstances and advice from your legal counsel, you may consider settlement options. Negotiating a settlement outside of court can sometimes be a more cost-effective and less time-consuming solution for both parties.
Comply with Court Orders: If the court rules in favor of the former employee, comply with any orders issued by the court, whether it involves reinstating the employee or paying back wages.
Review and Improve Policies: After resolving the current situation, review your company's policies and procedures regarding employee absence, termination, and dispute resolution. Identify any areas that need improvement to prevent similar issues in the future.
To prioritize professionalism, transparency, and compliance with legal obligations throughout the process. It's essential to handle the situation carefully to protect the interests of your company while ensuring fairness to the former employee.
Thanks
From India, Bangalore
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218Dealing with a situation like this can be challenging, especially when it escalates to legal proceedings. Here's a step-by-step guide on how to handle it:
Consult with Legal Counsel: Given that the situation has progressed to court, it's crucial to seek advice from your company's legal team or hire a lawyer specializing in labor law. They will guide you through the legal process and ensure that your actions are in compliance with the law.
Gather Evidence: Collect all relevant documents, such as attendance records, communication exchanges (emails, notices, letters), and any other relevant evidence that supports your case. This will help you present a strong defense in court.
Prepare for Court Proceedings: If the case proceeds to court, make sure you are well-prepared. Familiarize yourself with the details of the case, know your arguments and defenses, and be ready to present your evidence effectively.
Respond to Legal Claims: If the former employee is claiming back wages and requesting rejoining work, you'll need to respond formally through your legal counsel. Provide a detailed response addressing each of the employee's claims, backed by evidence when possible.
Attend Court Hearings: Attend all court hearings as required and present your case diligently. Be respectful and cooperative throughout the legal proceedings.
Consider Settlement: Depending on the circumstances and advice from your legal counsel, you may consider settlement options. Negotiating a settlement outside of court can sometimes be a more cost-effective and less time-consuming solution for both parties.
Comply with Court Orders: If the court rules in favor of the former employee, comply with any orders issued by the court, whether it involves reinstating the employee or paying back wages.
Review and Improve Policies: After resolving the current situation, review your company's policies and procedures regarding employee absence, termination, and dispute resolution. Identify any areas that need improvement to prevent similar issues in the future.
To prioritize professionalism, transparency, and compliance with legal obligations throughout the process. It's essential to handle the situation carefully to protect the interests of your company while ensuring fairness to the former employee.
Thanks
From India, Bangalore
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Before the matter is presented before the Conciliation Officer, how did it go to the Court? Normally, if your supervisor has been stopped from doing his work or if he thinks that he has been stopped from work, he should approach the Labour Officer, who is the Conciliation Officer under the Industrial Disputes Act. He will then call you for conciliation and try to settle the matter amicably.
The employer would probably say that the employee concerned is a supervisor and not a workman coming under the scope of the Industrial Disputes Act, and the officer has no authority even to call the employer for conciliation. The employee would say that he would come under the definition of workman because he did not have any supervisory powers. Again, the employer will say that he has been giving works to the workers, issuing job cards, taking care of petty expenses at the site, and making decisions about the number of men to be deployed each day, and hence he would fall under supervision.
The Conciliation Officer will try to make the two ends meet. If no settlement is reached, the officer will send it for adjudication. This process will take at least a year to conclude. It is surprising that it has reached the Court.
In the instant case, the supervisor has been absent for ten days. Then how can he claim back wages for previous months? The number of months is not mentioned. Please clarify.
From India, Kannur
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The employer would probably say that the employee concerned is a supervisor and not a workman coming under the scope of the Industrial Disputes Act, and the officer has no authority even to call the employer for conciliation. The employee would say that he would come under the definition of workman because he did not have any supervisory powers. Again, the employer will say that he has been giving works to the workers, issuing job cards, taking care of petty expenses at the site, and making decisions about the number of men to be deployed each day, and hence he would fall under supervision.
The Conciliation Officer will try to make the two ends meet. If no settlement is reached, the officer will send it for adjudication. This process will take at least a year to conclude. It is surprising that it has reached the Court.
In the instant case, the supervisor has been absent for ten days. Then how can he claim back wages for previous months? The number of months is not mentioned. Please clarify.
From India, Kannur
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