Respected all. Myself Ramakrushna, wants to know the rights of a terminated Employee as per Law. One of my friends was working in a steel manufacturing concern as Training & Development officer, Company has offered him Offer letter, but still now he has not got offer letter, his working tenure was in that company more than 11 month from his appointment. All statutory deductions like Pf & ESI had deducted from his salary. Now matter is that without flowing any disciplinary procedure, his organization has terminated him.
Actually, in his termination notice it has mentioned that due to poor performance, he has terminated. but the actual reason is that he was found covid victim, & after he was found covid positive, many people had suffered in covid, his management suspected that the pandemic was raised due to him. So in anger, his management has terminated from him his service. as i know a little bit as recent notification if any person has terminated from service he will be entitled for three-month salary. please clear what his rights & what compensation he will get as per law. is there any procedure that he will lodge a complaint in the prime minister's office injustice has happened to him. And what is the legal procedure he should take against his company as per law to his company, any official prior & recent notification related to this subject? please mention all these details , that will be helpful for that poor victim, waiting a good & sound technical revert from all expert. plz help this poor guy by your advice.
From India, Mumbai
Actually, in his termination notice it has mentioned that due to poor performance, he has terminated. but the actual reason is that he was found covid victim, & after he was found covid positive, many people had suffered in covid, his management suspected that the pandemic was raised due to him. So in anger, his management has terminated from him his service. as i know a little bit as recent notification if any person has terminated from service he will be entitled for three-month salary. please clear what his rights & what compensation he will get as per law. is there any procedure that he will lodge a complaint in the prime minister's office injustice has happened to him. And what is the legal procedure he should take against his company as per law to his company, any official prior & recent notification related to this subject? please mention all these details , that will be helpful for that poor victim, waiting a good & sound technical revert from all expert. plz help this poor guy by your advice.
From India, Mumbai
Respected all,
Please advice one of my friend was working in a sponge production company Odisha, as Training &Development officer.his company Management has illegally terminated him from his service, without following any disciplinary procedure . on his termination paper it has been said that due to his poor performance on his work he was terminated from his work, but actual reason is that in September 2020 he had found covid postive. After his covid positive many of his factories staff was found covid positive.his management is doubting that this chain of covid has started from him, & due to this reason they have terminated him from service, but for hiding their fault , they have mentioned on his Termination paper that he is a under performance work person now my question is that
1.is there any platform like prime minister grievance cell, where he may complain in justice has happened with him.
2.what is the legal right as per various laws, or as per law , what benefit & compensation he will deserve(Please mention any previous & current gazette notification about mention this type situation if happened)
3.where &how he will file or lodge a grievance for getting his legal rights.also mention the procedure.
4.Any thing as per your view which will helpful to give justice to him.
NOTE- at the time of retrenchment he have already fulfilled more than 10 month his service,got an offer letter, still now not got any Appointment letter, but pf , ESI has deducted from his salary. he have some legal proof as a bonafide employee of this company.
From India, Mumbai
Please advice one of my friend was working in a sponge production company Odisha, as Training &Development officer.his company Management has illegally terminated him from his service, without following any disciplinary procedure . on his termination paper it has been said that due to his poor performance on his work he was terminated from his work, but actual reason is that in September 2020 he had found covid postive. After his covid positive many of his factories staff was found covid positive.his management is doubting that this chain of covid has started from him, & due to this reason they have terminated him from service, but for hiding their fault , they have mentioned on his Termination paper that he is a under performance work person now my question is that
1.is there any platform like prime minister grievance cell, where he may complain in justice has happened with him.
2.what is the legal right as per various laws, or as per law , what benefit & compensation he will deserve(Please mention any previous & current gazette notification about mention this type situation if happened)
3.where &how he will file or lodge a grievance for getting his legal rights.also mention the procedure.
4.Any thing as per your view which will helpful to give justice to him.
NOTE- at the time of retrenchment he have already fulfilled more than 10 month his service,got an offer letter, still now not got any Appointment letter, but pf , ESI has deducted from his salary. he have some legal proof as a bonafide employee of this company.
From India, Mumbai
Your queries are answered below:
1.is there any platform like prime minister grievance cell, where he may complain in justice has happened with him.
Although such forums exist, they are totally ineffective in this matter. The action sequence that would follow is that the complaint given by you will be forwarded to the organisation concerned, they will send reply and thereafter the matter would peter away. There is no serious thought on the contents thereof and there is no judicial determination of legal liabilities of both the sides. You have a case to represent to the Labour Department official at the local level where the unit is located. You can also directly approach the Labour Court and challenge the action. Engage a good lawyer practicing in the Labour matters.
2.what is the legal right as per various laws, or as per law , what benefit & compensation he will deserve(Please mention any previous & current gazette notification about mention this type situation if happened): He can seek reinstatement with full back wages. The Industrial Disputes Act 1947 provides the legal process and machinery to resolve such matters.
3.where &how he will file or lodge a grievance for getting his legal rights. also mention the procedure. Pl consult a lawyer
4.Any thing as per your view which will helpful to give justice to him. To avail the option of agitating the matter before you have to have enough evidence to prove you fall in workman category as per the Industrial Disputes Act 1947 although designated as T & D Officer.
In case during the covid time he was under ESI treatment, then there exist a strong case in your favour as a punishment cannot be imposed during ESI medical benefit period.
From India, Mumbai
15341.is there any platform like prime minister grievance cell, where he may complain in justice has happened with him.
Although such forums exist, they are totally ineffective in this matter. The action sequence that would follow is that the complaint given by you will be forwarded to the organisation concerned, they will send reply and thereafter the matter would peter away. There is no serious thought on the contents thereof and there is no judicial determination of legal liabilities of both the sides. You have a case to represent to the Labour Department official at the local level where the unit is located. You can also directly approach the Labour Court and challenge the action. Engage a good lawyer practicing in the Labour matters.
2.what is the legal right as per various laws, or as per law , what benefit & compensation he will deserve(Please mention any previous & current gazette notification about mention this type situation if happened): He can seek reinstatement with full back wages. The Industrial Disputes Act 1947 provides the legal process and machinery to resolve such matters.
3.where &how he will file or lodge a grievance for getting his legal rights. also mention the procedure. Pl consult a lawyer
4.Any thing as per your view which will helpful to give justice to him. To avail the option of agitating the matter before you have to have enough evidence to prove you fall in workman category as per the Industrial Disputes Act 1947 although designated as T & D Officer.
In case during the covid time he was under ESI treatment, then there exist a strong case in your favour as a punishment cannot be imposed during ESI medical benefit period.
From India, Mumbai
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Illegal Termination Complaint under 2A of ID Act V3 - Updated.pdf
Termination letter.doc