Actually how to file a case against employers in labor court. I'm working in private limited last 5.5 years but now the company has terminated to me without any notice or reason.
Could you please help us to what should I take the action against
From India, New Delhi
Could you please help us to what should I take the action against
From India, New Delhi
Section 2A of Industrial Disputes Act,1947 provides that where any employer terminates the services of an individual workman, such termination shall be deemed to be an industrial dispute notwithstanding that no workman nor any union of workmen is party to the dispute.The individual is free to file an application directly before the Labour court but such application shall be made within a period of three years of date of termination, discharge, dismissal or retrenchment, as the case may be.
BS Kalsi,
Member since August, 2011
From India, Mumbai
455BS Kalsi,
Member since August, 2011
From India, Mumbai
Hi All,
I am a HR in a Corporate Hospital ...Need a advise.. If a employee has been issued a termination letter for misbehaving with our EXECUTIVE DIRECTOR.. and if she/he doesn't sign on it and walks away.. and its been 3 months up no news from him .. what should HR do in this case .. kindly advice please...
From India, Ambala
I am a HR in a Corporate Hospital ...Need a advise.. If a employee has been issued a termination letter for misbehaving with our EXECUTIVE DIRECTOR.. and if she/he doesn't sign on it and walks away.. and its been 3 months up no news from him .. what should HR do in this case .. kindly advice please...
From India, Ambala
Dear sunita Roy
Irrespective of looking this matter from the point of seniors level designation such as MD, CEO, ED etc. You should follow the rule for principle of nature justice however if any employee has misbehaved with anyone is subjected to termination but after following the legal procedure, you cannot directely issue termination letter to any employee unless issue him/her SCN and asking for written explanation that what was the exact reason of misbehaving & also domestic enquiry shall be conduct before termination of any employee. If enquiry proved the guilty then termination is valid otherwise not. Illegal termination may be cause of dispute u/s 2A of ID act.
Thanks & Regards
Devesh Chauhan
Practicing in Accounts, Finance, Taxation & Labour Laws
From India, Basti
Irrespective of looking this matter from the point of seniors level designation such as MD, CEO, ED etc. You should follow the rule for principle of nature justice however if any employee has misbehaved with anyone is subjected to termination but after following the legal procedure, you cannot directely issue termination letter to any employee unless issue him/her SCN and asking for written explanation that what was the exact reason of misbehaving & also domestic enquiry shall be conduct before termination of any employee. If enquiry proved the guilty then termination is valid otherwise not. Illegal termination may be cause of dispute u/s 2A of ID act.
Thanks & Regards
Devesh Chauhan
Practicing in Accounts, Finance, Taxation & Labour Laws
From India, Basti
Dear SUNITA ROY,
No doubt that misbehaving with an Executive Director level is a serious offence for which punishment not less than termination is called for but you being HR executive should know that it needs to be proved the offence on papers by issuing him chargesheet and holding disciplinary enquiry into the charges. It goes in your favour that he has not contacted the company even three months have passed, which shows that he has pacified with his destiny.
Since you have mentioned that the individual has not signed on the termination letter and has walked away.
You have option to prepare his full and final settlement and send the draft/cheque along with the copy of the termination letter by registered A/D to his residential address recorded in his personal records.
BS Kalsi,
Member since August, 2011
From India, Mumbai
No doubt that misbehaving with an Executive Director level is a serious offence for which punishment not less than termination is called for but you being HR executive should know that it needs to be proved the offence on papers by issuing him chargesheet and holding disciplinary enquiry into the charges. It goes in your favour that he has not contacted the company even three months have passed, which shows that he has pacified with his destiny.
Since you have mentioned that the individual has not signed on the termination letter and has walked away.
You have option to prepare his full and final settlement and send the draft/cheque along with the copy of the termination letter by registered A/D to his residential address recorded in his personal records.
BS Kalsi,
Member since August, 2011
From India, Mumbai
As for the termination without any notice or reason need to be challenged before the Court of Law, for which the employee concerned should establishes that he was an employee of such organization by suitable documents. The concerned should approach the Local Labor Department Authority i.e. the Labour Officer by filing a suitable complaint, in which the conciliation on the said complaint would be completed within 45 days from the date of filing. If the conciliation is not concluded within the stipulated period 45 days, the workman may approach the Labour Court / Tribunal Directly thro' an advocate for suitably remedy. In such an event, the employer may come for amicable settlement.
As for the Sunitha Roy, If the termination letter issued to employee narrating such incident as the reason for such direct termination, there would be a chance for the employer to prove the same before the court of law by adducing evidences. A mere letter of termination issued to the employee may not be valid document in justifying the termination. If the termination is challenged by the employee, it will be a great hardship to the employer to contest the case before the court and the employee will succeed. As there is an indication that the employee is not turned up for the last 2/3 months, it seems that employee may get ready himself to start a legal battle in this termination, as there are so many outside elements in guiding such terminated employees.
From India, Mumbai
As for the Sunitha Roy, If the termination letter issued to employee narrating such incident as the reason for such direct termination, there would be a chance for the employer to prove the same before the court of law by adducing evidences. A mere letter of termination issued to the employee may not be valid document in justifying the termination. If the termination is challenged by the employee, it will be a great hardship to the employer to contest the case before the court and the employee will succeed. As there is an indication that the employee is not turned up for the last 2/3 months, it seems that employee may get ready himself to start a legal battle in this termination, as there are so many outside elements in guiding such terminated employees.
From India, Mumbai
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Whether Employees Terminated For Misconduct Entitled To Payment Of Statutory Dues.docx