We had terminated One employee with providing additional wages for one month. That employee was under probationary period. His work duration was 4 months 17 days. Now he complained to labour commissioner, Bihar. He is saying that this termination is illegal. We want to know that Is this legal or illegal termination. Enquiry will be on 07/09/2018 at labour office, Bihar. He worked in Madhya Pradesh Jurisdiction. But he complained at Bihar Jurisdiction. Is this correct. We need Advocate (Employment Related). Please guide us
From India, Hyderabad
32From India, Hyderabad
HI,
As you have neither provided detail about your company profile and its nature of work nor the reason of termination of services, so there is very little scope for anyone to provide one's view.
But still as per THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS)
ACT, 1946 (https://labour.gov.in/sites/default/...LRULES1946.pdf) Section 13 (2) "No temporary workman whether monthly-rated, weekly-rated or piece-rated and no probationer or badli shall
be entitled to any notice or pay in lieu thereof if his services are terminated".
Now, there are two things:
1)In your case you have provided him one month salary as notice pay which is a positive for you.
2) If the appointment was made in MP and it is clearly mentioned in the appointment letter than employee only can file complaint in MP not in bihar.
In such case other state labour department can not issue you notice to present.
From India, Varanasi
As you have neither provided detail about your company profile and its nature of work nor the reason of termination of services, so there is very little scope for anyone to provide one's view.
But still as per THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS)
ACT, 1946 (https://labour.gov.in/sites/default/...LRULES1946.pdf) Section 13 (2) "No temporary workman whether monthly-rated, weekly-rated or piece-rated and no probationer or badli shall
be entitled to any notice or pay in lieu thereof if his services are terminated".
Now, there are two things:
1)In your case you have provided him one month salary as notice pay which is a positive for you.
2) If the appointment was made in MP and it is clearly mentioned in the appointment letter than employee only can file complaint in MP not in bihar.
In such case other state labour department can not issue you notice to present.
From India, Varanasi
Dear Thirumurugan,
In industrial disputes, place of work of the workman is the decisive factor for jurisdiction. Even if the appointment was made elsewhere, it is the place where the disputant workman works or lastly worked that would be the jurisdiction for raising an industrial dispute.
Second, if the termination of the probationer was a discharge simpliciter, he can not be successful in a dispute against it should the termination be based on the parameters of performance well-documented.
From India, Salem
In industrial disputes, place of work of the workman is the decisive factor for jurisdiction. Even if the appointment was made elsewhere, it is the place where the disputant workman works or lastly worked that would be the jurisdiction for raising an industrial dispute.
Second, if the termination of the probationer was a discharge simpliciter, he can not be successful in a dispute against it should the termination be based on the parameters of performance well-documented.
From India, Salem
Normally in the absence of standing orders the appointment order will contain such provisions. If the appointment order speaks about termination without notice and without assigning reasons during the probation period, then your act of terminating the worker can not be challenged by him even if you do not mention his bad performance as a reason for termination. But if you mention his poor performance as the reason for termination, then you should have documented roof to establish that he was a bad performer. You can attend the hearing and clarify that he was on probation and since he was not performing we terminated him. The employer is under no obligation to offer employment for a worker who does not perform. Moreover, if you have offered him one month pay which is deemed to be notice pay, I don't think that the department will take a stand in favour of the workman.
From India, Kannur
From India, Kannur
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