- When supervisor and working environment speaks and shouts in floor,
- When there is usage of profane words in the working environment by stakeholders,
- When there is a pen camera, audio recording, or video recording of the supervisor and colleagues' statements about the unprofessional work environment, Will it be sufficient to prove in court to the judge under sealed cover (without exposing to the external world before judgment)?
- When the termination of services of an employee is abrupt, unfair and illegal when requested for the professional work environment and communicated to HR for verbal abuse and unprofessional work environment, What is the compensation for mental agony, loss of reputation and employment loss apart from back wages with reinstatement prayer to the employee?
Does the employee have to cross 240 days of employment to get justice?
VOIP IT Union
From India, Chennai
1- When there is usage of profane words in the working environment by stakeholders,
- When there is a pen camera, audio recording, or video recording of the supervisor and colleagues' statements about the unprofessional work environment, Will it be sufficient to prove in court to the judge under sealed cover (without exposing to the external world before judgment)?
- When the termination of services of an employee is abrupt, unfair and illegal when requested for the professional work environment and communicated to HR for verbal abuse and unprofessional work environment, What is the compensation for mental agony, loss of reputation and employment loss apart from back wages with reinstatement prayer to the employee?
Does the employee have to cross 240 days of employment to get justice?
VOIP IT Union
From India, Chennai
HI Voipitunion,
Evidence in Court:
The admissibility and sufficiency of evidence in court can vary depending on the jurisdiction and specific circumstances. In many cases, recordings and documentation can be valuable evidence. However, the acceptance of such evidence in court would depend on the laws and regulations in your jurisdiction.
Consult with a legal professional to understand the specific rules regarding the admissibility of recordings and documentation in your area. In some cases, even if evidence is admissible, there may be limitations on how it can be used.
Compensation for Unfair Termination:
Compensation for mental agony, loss of reputation, and employment loss typically depends on the laws in your jurisdiction and the specifics of your case.
Consult with a lawyer well versed in Labour Laws to understand the specific legal remedies available to you. Compensation may include back wages, reinstatement, and damages for emotional distress or other losses.
The 240-day reference seems to be related to certain labor laws, but it's crucial to understand the specific laws applicable to your situation.
Consulting a Labour Lawyer:
If you believe you have been unfairly treated, consulting with an employment lawyer is essential. They can provide guidance on the specific laws applicable to your case, help you understand your rights, and advise you on the best course of action.
Confidentiality in Court Proceedings:
Courts often have procedures for handling sensitive information under sealed covers to protect the privacy of individuals involved. However, the specific rules may vary, so it's important to discuss confidentiality concerns with your legal counsel about labour laws can vary significantly between jurisdictions, and the advice provided here is general in nature.
Thanks
From India, Bangalore
Evidence in Court:
The admissibility and sufficiency of evidence in court can vary depending on the jurisdiction and specific circumstances. In many cases, recordings and documentation can be valuable evidence. However, the acceptance of such evidence in court would depend on the laws and regulations in your jurisdiction.
Consult with a legal professional to understand the specific rules regarding the admissibility of recordings and documentation in your area. In some cases, even if evidence is admissible, there may be limitations on how it can be used.
Compensation for Unfair Termination:
Compensation for mental agony, loss of reputation, and employment loss typically depends on the laws in your jurisdiction and the specifics of your case.
Consult with a lawyer well versed in Labour Laws to understand the specific legal remedies available to you. Compensation may include back wages, reinstatement, and damages for emotional distress or other losses.
The 240-day reference seems to be related to certain labor laws, but it's crucial to understand the specific laws applicable to your situation.
Consulting a Labour Lawyer:
If you believe you have been unfairly treated, consulting with an employment lawyer is essential. They can provide guidance on the specific laws applicable to your case, help you understand your rights, and advise you on the best course of action.
Confidentiality in Court Proceedings:
Courts often have procedures for handling sensitive information under sealed covers to protect the privacy of individuals involved. However, the specific rules may vary, so it's important to discuss confidentiality concerns with your legal counsel about labour laws can vary significantly between jurisdictions, and the advice provided here is general in nature.
Thanks
From India, Bangalore
"Unprofessional work environment" is a usage which cannot be defined properly. It is a relative term and you can use it with reference to a situation. The use of bad words, unethical gestures etc can be evidences but only when the charge sheet has mention about them. For that recording can be submitted in the open forum itself, whether it is before an enquiry officer, presiding officer of a labour court.
In order to get justice, an employee need not work for 240 days. Even if that employee raising a dispute is a probationer, he can seek justice and terminating that employment while a dispute is pending is illegal. But the employer is free to retrench employee who has not completed 240 days without giving a notice or paying notice pay as required under section 25F of the ID Act. But that should be retrenchment and you can not pick and chose and retrench workers but the first person to be retrenched should be the last person employed in that department.
From India, Kannur
In order to get justice, an employee need not work for 240 days. Even if that employee raising a dispute is a probationer, he can seek justice and terminating that employment while a dispute is pending is illegal. But the employer is free to retrench employee who has not completed 240 days without giving a notice or paying notice pay as required under section 25F of the ID Act. But that should be retrenchment and you can not pick and chose and retrench workers but the first person to be retrenched should be the last person employed in that department.
From India, Kannur
Unfortunately, neither your question nor the circumstances are clear. Also you have not stated your position and locus standi for the matter.
If an employee has been removed (terminated), if he is not in probation, it must follow the rules and be done in a proper manner. The employer needs to give a showcause and then hold a domestic enquiry before dismissing the employee (assuming the enquiry officer finds the person guilty of misconduct warranting dismissal).
If this is not followed, you have various forums, before the labour officer and finally in the courts. Both are expensive and long drawn processes. In each, you can provide evidence. No evidence is a secret and once given, it becomes a part of the record. Whether the courts will accept the evidence depends on various circumstances, which as Raghunath said, your lawyer will be able to tell you better.
Whether to proceed or not is a matter of decision you need to make. It depends on various factors including whether you have the money and financial backing to fight. remember that if you are involved in a legal case, prospective employers are unlikely to consider you for a job. So whether you want to fight or you want to simply move to a better job, is your choice.
From India, Mumbai
If an employee has been removed (terminated), if he is not in probation, it must follow the rules and be done in a proper manner. The employer needs to give a showcause and then hold a domestic enquiry before dismissing the employee (assuming the enquiry officer finds the person guilty of misconduct warranting dismissal).
If this is not followed, you have various forums, before the labour officer and finally in the courts. Both are expensive and long drawn processes. In each, you can provide evidence. No evidence is a secret and once given, it becomes a part of the record. Whether the courts will accept the evidence depends on various circumstances, which as Raghunath said, your lawyer will be able to tell you better.
Whether to proceed or not is a matter of decision you need to make. It depends on various factors including whether you have the money and financial backing to fight. remember that if you are involved in a legal case, prospective employers are unlikely to consider you for a job. So whether you want to fight or you want to simply move to a better job, is your choice.
From India, Mumbai
Unfortunately, neither your question nor the circumstances are clear. Also you have not stated your position and locus standi for the matter.
Whether to proceed or not is a matter of decision you need to make. It depends on various factors including whether you have the money and financial backing to fight. remember that if you are involved in a legal case, prospective employers are unlikely to consider you for a job. So whether you want to fight or you want to simply move to a better job, is your choice.
//@Saswata Banerjee
The above piece of advice is not employee friendly but corporate biased in nature.
================================================== ==================
When supervisor and working environment speaks and shouts in floor,
- When there is usage of profane words in the working environment by stakeholders,
- When there is a pen camera, audio recording, or video recording of the supervisor and colleagues' statements about the unprofessional work environment, Will it be sufficient to prove in court to the judge under sealed cover (without exposing to the external world before judgment)?
- When the termination of services of an employee is abrupt, unfair and illegal when requested for the professional work environment and communicated to HR for verbal abuse and unprofessional work environment, What is the compensation for mental agony, loss of reputation and employment loss apart from back wages with reinstatement prayer to the employee?
Does the employee have to cross 240 days of employment to get justice? //
Unfortunately, neither your question nor the circumstances are clear. Also you have not stated your position and locus standi for the matter. //
@Saswata Banerjee
Hope the above information is unclear to you which we cannot be able to help out once what sort of clarity is needed from union end to speak for employee favour.
From India, Chennai
Whether to proceed or not is a matter of decision you need to make. It depends on various factors including whether you have the money and financial backing to fight. remember that if you are involved in a legal case, prospective employers are unlikely to consider you for a job. So whether you want to fight or you want to simply move to a better job, is your choice.
//@Saswata Banerjee
The above piece of advice is not employee friendly but corporate biased in nature.
================================================== ==================
When supervisor and working environment speaks and shouts in floor,
- When there is usage of profane words in the working environment by stakeholders,
- When there is a pen camera, audio recording, or video recording of the supervisor and colleagues' statements about the unprofessional work environment, Will it be sufficient to prove in court to the judge under sealed cover (without exposing to the external world before judgment)?
- When the termination of services of an employee is abrupt, unfair and illegal when requested for the professional work environment and communicated to HR for verbal abuse and unprofessional work environment, What is the compensation for mental agony, loss of reputation and employment loss apart from back wages with reinstatement prayer to the employee?
Does the employee have to cross 240 days of employment to get justice? //
Unfortunately, neither your question nor the circumstances are clear. Also you have not stated your position and locus standi for the matter. //
@Saswata Banerjee
Hope the above information is unclear to you which we cannot be able to help out once what sort of clarity is needed from union end to speak for employee favour.
From India, Chennai
https://indiankanoon.org/doc/89687794/
The present statement of claim was filed by the workman submitting that he is under employment of respondent/management since 22.11.2013 as 'Mechanic' on monthly pay of Rs.7,000/-. On demand of facilities like appointment letter, salary slip, attendance pass, annual holidays, national holidays, bonus, EPF and others. The employer threatened the workman to implicate him in false case. A demand letter dated 26.02.2016 was sent to the management. The management had illegally terminated the service of workman on 01.01.2016 and also not paid salary from 01.11.2015 to 31.12.2015 which are detailed in para no. 8 of the claim. Accordingly workman has prayed for full back wages with bonus, gratuity, legal expenses, compensation for mental agony and physical harassment and other benefits.
The rights of workmen, who had been "cast out in the cold", as it were, consequent to closure of the undertaking in which they were employed and working has, therefore, necessarily to be circumscribed by Section 25 FFF of the ID Act, and the various sub-sections and clauses thereof.
From India, Chennai
The present statement of claim was filed by the workman submitting that he is under employment of respondent/management since 22.11.2013 as 'Mechanic' on monthly pay of Rs.7,000/-. On demand of facilities like appointment letter, salary slip, attendance pass, annual holidays, national holidays, bonus, EPF and others. The employer threatened the workman to implicate him in false case. A demand letter dated 26.02.2016 was sent to the management. The management had illegally terminated the service of workman on 01.01.2016 and also not paid salary from 01.11.2015 to 31.12.2015 which are detailed in para no. 8 of the claim. Accordingly workman has prayed for full back wages with bonus, gratuity, legal expenses, compensation for mental agony and physical harassment and other benefits.
The rights of workmen, who had been "cast out in the cold", as it were, consequent to closure of the undertaking in which they were employed and working has, therefore, necessarily to be circumscribed by Section 25 FFF of the ID Act, and the various sub-sections and clauses thereof.
From India, Chennai
Dear Voipitunion,
Unfortunately, I still do not know what answer you are looking for.
This is an HR forum. People discuss problems and look for answers to solve them.
I am not sure how good this is as a philosophical forum.
But if you are asking hypothetical and philosophical / ethics related questions, please clarify when you post it.
My answer is not employee friendly by telling the employee not to pursue legal methods if he cant afford it? Well, I think it is extremely employee friendly. Instead, if you are telling employees to fight in court without telling him it will cost xx lakhs to pay lawyers, and other employers will shun him, unless you are providing the money and support, I think your approach is extremely employee unfriendly. You are setting up the employee for financial ruin.
If you are the union and asking what help it can provide a worker who has been taken undue advantage of or abused, then you should have clarified it at the first post so people would give the relevant answer to you.
In any case, workers have certain rights as soon as they are permanent (as against being on probation, or temporary or FTE), and this is not dependent on being in employment for 240 days. There are many other rights that are there even for someone who is not permanent. I think protection against abusive behaviour is one of them. You can take it up from union side with the grievance committee or works committee or even take it up to the Labour Commissioner and Factory Inspector. It depends on the structure of work place
From India, Mumbai
Unfortunately, I still do not know what answer you are looking for.
This is an HR forum. People discuss problems and look for answers to solve them.
I am not sure how good this is as a philosophical forum.
But if you are asking hypothetical and philosophical / ethics related questions, please clarify when you post it.
My answer is not employee friendly by telling the employee not to pursue legal methods if he cant afford it? Well, I think it is extremely employee friendly. Instead, if you are telling employees to fight in court without telling him it will cost xx lakhs to pay lawyers, and other employers will shun him, unless you are providing the money and support, I think your approach is extremely employee unfriendly. You are setting up the employee for financial ruin.
If you are the union and asking what help it can provide a worker who has been taken undue advantage of or abused, then you should have clarified it at the first post so people would give the relevant answer to you.
In any case, workers have certain rights as soon as they are permanent (as against being on probation, or temporary or FTE), and this is not dependent on being in employment for 240 days. There are many other rights that are there even for someone who is not permanent. I think protection against abusive behaviour is one of them. You can take it up from union side with the grievance committee or works committee or even take it up to the Labour Commissioner and Factory Inspector. It depends on the structure of work place
From India, Mumbai
Dear Saswata Banerjee // Unfortunately, I still do not know what answer you are looking for.
This is an HR forum. People discuss problems and look for answers to solve them.
I am not sure how good this is as a philosophical forum.
But if you are asking hypothetical and philosophical / ethics related questions, please clarify when you post it. //
As a HR, It is realy puzzling to see few statements like "Unfortunately, neither your question nor the circumstances are clear. Also you have not stated your position and locus standi for the matter." but went in to answer the query with assumption as a philosophical forum with prejudice of Employee is wrong.
Hope as a HR, You might be aware of mental harassment queries from employees more than a union.
Just an example to quote for mental harassment - Sample one from Employee end
================================================== ===============
1) Shouting in several (4-5) instances in high pitch voice by supervisor is recorded in audio and video, Will that be okay if provided as court evidence?
2) Using stressful words in email like "Lets stop this nonsense of sending report at last minute. Im frustrated" by supervisor , Will that be okay if provided as court evidence?
3) Fighting in calls between 2 supervisor heads in recorded calls // Remarks over the race, caste, sex, religion, disability, etc.
Comments over age of the employee
Defaming an employee causing wrongful damage to the reputation of employee at workplace
Negative remarks over different political belief
Comments over sexual orientation
Not recognizing but degrading someone over work efforts
Belittling an employee for the marital status
Sexual remarks
Non-payment of bonus wages
Stalking
Being targeted for no reason
Bullying/ unexplained yelling for mistakes without giving any proper guidance
Hostile workplace
Insulting a senior employee in front of other co-workers or juniors
Secluding an employee while grouping the rest
Not following terms in the appointment agreement, whether it's about the pay or work hours or the position offered
Inclusion of unreasonable clauses in the employment agreement
Although instances of mental harassment at workplace by boss or co-worker do not end here, these are the usual behaviours which force an employee to succumb to depression due to a toxic workplace.
https://www.vidhikarya.com/legal-blog/complaint-against-mental-harassment-at-workplace-in-india
From India, Chennai
This is an HR forum. People discuss problems and look for answers to solve them.
I am not sure how good this is as a philosophical forum.
But if you are asking hypothetical and philosophical / ethics related questions, please clarify when you post it. //
As a HR, It is realy puzzling to see few statements like "Unfortunately, neither your question nor the circumstances are clear. Also you have not stated your position and locus standi for the matter." but went in to answer the query with assumption as a philosophical forum with prejudice of Employee is wrong.
Hope as a HR, You might be aware of mental harassment queries from employees more than a union.
Just an example to quote for mental harassment - Sample one from Employee end
================================================== ===============
1) Shouting in several (4-5) instances in high pitch voice by supervisor is recorded in audio and video, Will that be okay if provided as court evidence?
2) Using stressful words in email like "Lets stop this nonsense of sending report at last minute. Im frustrated" by supervisor , Will that be okay if provided as court evidence?
3) Fighting in calls between 2 supervisor heads in recorded calls // Remarks over the race, caste, sex, religion, disability, etc.
Comments over age of the employee
Defaming an employee causing wrongful damage to the reputation of employee at workplace
Negative remarks over different political belief
Comments over sexual orientation
Not recognizing but degrading someone over work efforts
Belittling an employee for the marital status
Sexual remarks
Non-payment of bonus wages
Stalking
Being targeted for no reason
Bullying/ unexplained yelling for mistakes without giving any proper guidance
Hostile workplace
Insulting a senior employee in front of other co-workers or juniors
Secluding an employee while grouping the rest
Not following terms in the appointment agreement, whether it's about the pay or work hours or the position offered
Inclusion of unreasonable clauses in the employment agreement
Although instances of mental harassment at workplace by boss or co-worker do not end here, these are the usual behaviours which force an employee to succumb to depression due to a toxic workplace.
https://www.vidhikarya.com/legal-blog/complaint-against-mental-harassment-at-workplace-in-india
From India, Chennai
My answer is not employee friendly by telling the employee not to pursue legal methods if he cant afford it? Well, I think it is extremely employee friendly. Instead, if you are telling employees to fight in court without telling him it will cost xx lakhs to pay lawyers, and other employers will shun him, unless you are providing the money and support, I think your approach is extremely employee unfriendly. You are setting up the employee for financial ruin.// Dear Saswata Banerjee , The above is not a advise but a threatening message kind of statement against employee community .
Please dont fight .
Go to streets and search for a new Job is the advise from HR doesnt need law prospects to be studied in MBA.
Please change your tag to Human resources to Company resources is my humble submission.
From India, Chennai
Please dont fight .
Go to streets and search for a new Job is the advise from HR doesnt need law prospects to be studied in MBA.
Please change your tag to Human resources to Company resources is my humble submission.
From India, Chennai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
This discussion thread is old and is closed for new comments. If you want to continue this discussion or have a follow up question, please post a new thread. Add the url of this thread if you want to cite this discussion.
Legal Clarification on Severance Dues & Probation Period.PDF
Minimum Wages in Maharashtra for the period January 2018 to June 2018.xls