Also Madhu Sir,
My one complaint is pending before ALC(C) - 3 Mumbai since 20 days and he/she has shown no interest so far even for starting conciliation process. They have yet to contact me. After 25 days, he will have to submit his conciliation failure resport to appropriate government about containing what measures he has taken for conciliation process which resulted in its failure. What will he write. And why he is not even giving any indication of starting conciliation process. I am confused as well as worried. Please throw some light on this also sir. Is there any authority to which I can complain about his non action under ID Act.
Thanks.
From India, Patna
My one complaint is pending before ALC(C) - 3 Mumbai since 20 days and he/she has shown no interest so far even for starting conciliation process. They have yet to contact me. After 25 days, he will have to submit his conciliation failure resport to appropriate government about containing what measures he has taken for conciliation process which resulted in its failure. What will he write. And why he is not even giving any indication of starting conciliation process. I am confused as well as worried. Please throw some light on this also sir. Is there any authority to which I can complain about his non action under ID Act.
Thanks.
From India, Patna
Moreover Madhu Sir, As per my limited knowledge ID Act has not specified qualifications of Conciliatory Officer, so I can't contest with State Labour Department that LEO(C) can't act as conciliatory officer or do i? Please throw some light on this Sir.
Thanks.
From India, Patna
Thanks.
From India, Patna
In respect of private establishments, it would be state labour department who will takee up the issues on industrial disputes.
From India, Kannur
4242From India, Kannur
If you think you got fired unfairly from your job and they didn't follow fair rules, here's what you can do:
Check Your Job Contract: Look at the paper you signed when you got the job. It will tell you what's okay and not okay when they want to let you go.
Read Company Rules: Every company has rules about how they can fire people. Find out if they followed these rules.
Collect Proof: Keep emails, letters, or anything that shows they treated you unfairly. It could be important later.
Talk to a Work Lawyer: Get advice from a lawyer who knows about work laws. They can tell you if what happened is against the law.
Complain If Needed: If things don't get better, you might need to tell the government about it. They can look into it and help you.
Try Talking It Out: Sometimes, you can solve the problem by talking with your boss or someone in charge. It's worth a try.
Go to a Work Court: If everything else fails, you can go to a special court for work problems. They can decide if you were treated unfairly.
Write Everything Down: Keep notes about what happens. Write down when things happened and what people said. It can help your case.
Ask for Money Back: If the court agrees you were treated badly, they might say the company has to pay you money for it. Talk to your lawyer about this.
Remember, rules can be different depending on where you, so it's important to talk to a lawyer who knows about the laws in your area. They can help you figure out what to do next.
From India, Kolkata
Check Your Job Contract: Look at the paper you signed when you got the job. It will tell you what's okay and not okay when they want to let you go.
Read Company Rules: Every company has rules about how they can fire people. Find out if they followed these rules.
Collect Proof: Keep emails, letters, or anything that shows they treated you unfairly. It could be important later.
Talk to a Work Lawyer: Get advice from a lawyer who knows about work laws. They can tell you if what happened is against the law.
Complain If Needed: If things don't get better, you might need to tell the government about it. They can look into it and help you.
Try Talking It Out: Sometimes, you can solve the problem by talking with your boss or someone in charge. It's worth a try.
Go to a Work Court: If everything else fails, you can go to a special court for work problems. They can decide if you were treated unfairly.
Write Everything Down: Keep notes about what happens. Write down when things happened and what people said. It can help your case.
Ask for Money Back: If the court agrees you were treated badly, they might say the company has to pay you money for it. Talk to your lawyer about this.
Remember, rules can be different depending on where you, so it's important to talk to a lawyer who knows about the laws in your area. They can help you figure out what to do next.
From India, Kolkata
Hi Madhu Sir,
Other learned members can also pitch in.
My company has just sent me termination mail without any sign. - is this valid?
I am yet to receive any termination letter either through as a attachment of any mail or to my address - can I claim salary from my day of termination i.e. 6th Nov until now?
Thanks.
From India, Patna
Other learned members can also pitch in.
My company has just sent me termination mail without any sign. - is this valid?
I am yet to receive any termination letter either through as a attachment of any mail or to my address - can I claim salary from my day of termination i.e. 6th Nov until now?
Thanks.
From India, Patna
To add to my above post it’s been close to 50 days and they have not done full and final settlement.
From India, Patna
From India, Patna
Since the matter is decided to be adjudicated, do not alert the employer of his non compliances. The non payment of salary till the date of serving termination, serving termination letter without signature of the appointing authority etc are negligence on the part of the employer which will make the case stronger for you. Therefore, there should not be any interim communication from you until the matter is settled.
From India, Kannur
From India, Kannur
Hi Madhu Sir,
Thanks from my core of my heart for being a guiding light for me. The answers of the questions, I couldn't find in hours of search on google you answer just with your knowledge and wisdom.
I will strictly follow your advice Sir.
I just wanted to clarify Sir that "termination on email without signature" is valid or invalid as per law or interpretation of it? Or its just ignorance on part of employer?
Thanking you again Sir. Salute.
From India, Patna
Thanks from my core of my heart for being a guiding light for me. The answers of the questions, I couldn't find in hours of search on google you answer just with your knowledge and wisdom.
I will strictly follow your advice Sir.
I just wanted to clarify Sir that "termination on email without signature" is valid or invalid as per law or interpretation of it? Or its just ignorance on part of employer?
Thanking you again Sir. Salute.
From India, Patna
If your appointment order was just a soft copy without a signature in it, then sending mails for communication shall be taken as a protocol of the company. But when it is challenged, the court will take a stand that an order of termination of employment being a serious communication, the same should be under the signature of the appropriate authority only. The appropriate authority to sign a dismissal order is the appointing authority, the person who had signed the appointment order. But this is only secondary for your case. The primary thing is whether the termination is legal or illegal. Even a verbal termination is a termination provided the company works with verbal instructions only. Whether it is lawful or not is certainly a question of law and only the courts can reply to it. But in a civilised business scenario communication with employees shall be in writing even when we say that Indian Contract Act does not insist that a contract should be in writing.
From India, Kannur
From India, Kannur
Dear Rahul,
Thank you for reaching out and sharing your situation with us. We understand that being terminated unexpectedly can be a stressful and confusing experience. I am not a lawyer and cannot provide legal advice, but we can offer some general information and suggest resources that may be helpful.
Regarding your concerns:
At-will employment:
Clause 5 of your appointment letter does appear to stipulate at-will employment, meaning your employer can terminate your employment for any reason or no reason. However, even in at-will states, termination cannot be based on discriminatory or illegal grounds.
Workman status under ID Act:
Whether you qualify as a "workman" under the Industrial Disputes Act depends on various factors, including your salary, nature of work, and designation. Consulting a labor lawyer can help determine your status and potential rights under the Act.
Clause 5 validity:
While at-will clauses are generally enforceable, there may be instances where they are deemed unconscionable due to unequal bargaining power or lack of consideration. A lawyer can assess the validity of this clause in your specific case.
Recommendations:
Consult a Labor Lawyer:
We strongly recommend that you schedule a consultation with a qualified labor lawyer specializing in at-will employment and the Industrial Disputes Act. They can evaluate your situation, assess your legal options, and guide you through the legal process if necessary.
Gather Evidence:
Keep copies of all relevant documents, including your appointment letter, employment contract, emails, and any termination documentation. Any communication with your employer regarding the termination should be documented.
Consider next steps: Depending on your lawyer's advice, you may choose to negotiate severance pay, file a complaint with the labor department, or pursue legal action against your employer.
Additional Resources:
Remember, this information is for general guidance only and should not be construed as legal advice. Consulting a qualified lawyer is crucial for understanding your specific legal rights and pursuing the best course of action.
We wish you the best in resolving this matter.
Sincerely,
Gurunadh
Manager HR & Admin
8374282999
From India, Banjara Hills
Thank you for reaching out and sharing your situation with us. We understand that being terminated unexpectedly can be a stressful and confusing experience. I am not a lawyer and cannot provide legal advice, but we can offer some general information and suggest resources that may be helpful.
Regarding your concerns:
At-will employment:
Clause 5 of your appointment letter does appear to stipulate at-will employment, meaning your employer can terminate your employment for any reason or no reason. However, even in at-will states, termination cannot be based on discriminatory or illegal grounds.
Workman status under ID Act:
Whether you qualify as a "workman" under the Industrial Disputes Act depends on various factors, including your salary, nature of work, and designation. Consulting a labor lawyer can help determine your status and potential rights under the Act.
Clause 5 validity:
While at-will clauses are generally enforceable, there may be instances where they are deemed unconscionable due to unequal bargaining power or lack of consideration. A lawyer can assess the validity of this clause in your specific case.
Recommendations:
Consult a Labor Lawyer:
We strongly recommend that you schedule a consultation with a qualified labor lawyer specializing in at-will employment and the Industrial Disputes Act. They can evaluate your situation, assess your legal options, and guide you through the legal process if necessary.
Gather Evidence:
Keep copies of all relevant documents, including your appointment letter, employment contract, emails, and any termination documentation. Any communication with your employer regarding the termination should be documented.
Consider next steps: Depending on your lawyer's advice, you may choose to negotiate severance pay, file a complaint with the labor department, or pursue legal action against your employer.
Additional Resources:
Remember, this information is for general guidance only and should not be construed as legal advice. Consulting a qualified lawyer is crucial for understanding your specific legal rights and pursuing the best course of action.
We wish you the best in resolving this matter.
Sincerely,
Gurunadh
Manager HR & Admin
8374282999
From India, Banjara Hills
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Termination-emp loyment_563.pdf
Termination letter.doc