Dear All,
If one employee gives resignation in his organization and he is working under a one-month notice period, and after resigning, he lodges a complaint with the Labor office stating that management is not supporting him, leading to frustration prompting his resignation. If he submits that application to the Labor office and five to six employees support him in this issue, but they continue working in the company, and the Labor office sends a notice to the organization based on their complaint letter, then:
1. What should the company do?
2. Should the company address his concerns immediately or wait until he completes his notice period?
3. Is the company obligated to respond to his complaint while he is serving his notice period?
4. What about the employees who are supporting him?
Thank you.
From India, Bhopal
Acknowledge(0)
Amend(0)
22If one employee gives resignation in his organization and he is working under a one-month notice period, and after resigning, he lodges a complaint with the Labor office stating that management is not supporting him, leading to frustration prompting his resignation. If he submits that application to the Labor office and five to six employees support him in this issue, but they continue working in the company, and the Labor office sends a notice to the organization based on their complaint letter, then:
1. What should the company do?
2. Should the company address his concerns immediately or wait until he completes his notice period?
3. Is the company obligated to respond to his complaint while he is serving his notice period?
4. What about the employees who are supporting him?
Thank you.
From India, Bhopal
Acknowledge(0)Amend(0)
Hello Sudhir Tiwari,
Please provide more details such as: Did anyone speak to the concerned employee when he resigned? What are the points this employee and others supporting him are referring to [e.g., management not supporting him, leading to frustration]? The more information you include, the clearer the responses from the members will be.
However, there is one thing that is not clear in your post. Have you received the Labour Department notice? Or is this post in response to learning about the employee's plans to complain to the Department?
Regards,
TS
From India, Hyderabad
Acknowledge(0)Amend(0)
Please provide more details such as: Did anyone speak to the concerned employee when he resigned? What are the points this employee and others supporting him are referring to [e.g., management not supporting him, leading to frustration]? The more information you include, the clearer the responses from the members will be.
However, there is one thing that is not clear in your post. Have you received the Labour Department notice? Or is this post in response to learning about the employee's plans to complain to the Department?
Regards,
TS
From India, Hyderabad
Acknowledge(0)Amend(0)
Hi Sudhir, though you mentioned the whole issue, certain details are missing. Kindly help with the following details -
Qn 1. When the employee resigned, what was the reason for resigning mentioned?
Qn 2. He was undergoing his one month's notice period. In that period, did his duties or responsibilities and roles change considerably?
An employee has the right to approach the labor commissioner, but I think there is a process to follow. Has he ever directly or indirectly shared that the company is pressurizing him?
Another thing, as far as my knowledge goes, even if an employee complains and has backing, I think a labor commissioner would allow the company to put forth their viewpoints before declaring a conclusion. A decision can never be made by hearing just one side's story.
I think you should draft a letter of concern sharing your viewpoints with the commissioner.
The question is unclear and vague. What do you wish to ask?
Since the complaint has been en-routed through the labor office, it is recommended to reply back to the labor officer stating your points.
Why do you not want to reply if you were looking out for that way?
What do you wish to know? What exactly about them? Do you know who is supporting them? Why? And if so, what is your suggestion to handle that? Your question is very vague to understand and answer.
Hope it helped
From India, Mumbai
Acknowledge(0)Amend(0)
Qn 1. When the employee resigned, what was the reason for resigning mentioned?
Qn 2. He was undergoing his one month's notice period. In that period, did his duties or responsibilities and roles change considerably?
An employee has the right to approach the labor commissioner, but I think there is a process to follow. Has he ever directly or indirectly shared that the company is pressurizing him?
Another thing, as far as my knowledge goes, even if an employee complains and has backing, I think a labor commissioner would allow the company to put forth their viewpoints before declaring a conclusion. A decision can never be made by hearing just one side's story.
I think you should draft a letter of concern sharing your viewpoints with the commissioner.
The question is unclear and vague. What do you wish to ask?
Since the complaint has been en-routed through the labor office, it is recommended to reply back to the labor officer stating your points.
Why do you not want to reply if you were looking out for that way?
What do you wish to know? What exactly about them? Do you know who is supporting them? Why? And if so, what is your suggestion to handle that? Your question is very vague to understand and answer.
Hope it helped
From India, Mumbai
Acknowledge(0)Amend(0)
It appears from the post that the company received notice from the Labour Office. If so, what did the Labour Office seek to know from the company, and did it give any directions to the company? This information is missing.
B. Saikumar
Mumbai
From India, Mumbai
Acknowledge(0)Amend(0)
B. Saikumar
Mumbai
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Mr. Tiwari,
First of all, my suggestion to you would be that you MUST reply to all and every communication received from the Labour Department. Please don't take it lightly; otherwise, not only the company but also the top management may land in legal trouble, which may include imprisonment.
The other aspect is evident from your query itself that he has some issues with the management, and some other employees are backing him as well. This is not a good sign. It clearly shows that something is not right somewhere. Please elaborate on the incident so that we may assess the gravity of the situation and give you a proper suggestion.
For the meantime, please take the matter very seriously.
From India, New Delhi
Acknowledge(0)Amend(0)
First of all, my suggestion to you would be that you MUST reply to all and every communication received from the Labour Department. Please don't take it lightly; otherwise, not only the company but also the top management may land in legal trouble, which may include imprisonment.
The other aspect is evident from your query itself that he has some issues with the management, and some other employees are backing him as well. This is not a good sign. It clearly shows that something is not right somewhere. Please elaborate on the incident so that we may assess the gravity of the situation and give you a proper suggestion.
For the meantime, please take the matter very seriously.
From India, New Delhi
Acknowledge(0)Amend(0)
Hello. Firstly, thank you for your inputs.
The problem is that one employee is working in an organization. He was involved in theft, but one day an auditor cross-checked his data and caught him. The company issued him a suspension order, and upon receiving it, he stopped his duties. After some time, he returned to the office and told his colleague that the company was treating him unfairly. He had them write a letter and obtain signatures from some employees through a sympathy plea, without explaining the original problem of his involvement in a theft case. He has now gone to the labor office, which has sent a legal notice to the company.
During this period, the employees who signed the letter are aware of the original problem. Some employees approached their supervisor and provided a written statement that they had mistakenly signed the letter, while others did not. One of them submitted their resignation and is currently working through a one-month notice period.
From India, Bhopal
Acknowledge(0)Amend(0)
The problem is that one employee is working in an organization. He was involved in theft, but one day an auditor cross-checked his data and caught him. The company issued him a suspension order, and upon receiving it, he stopped his duties. After some time, he returned to the office and told his colleague that the company was treating him unfairly. He had them write a letter and obtain signatures from some employees through a sympathy plea, without explaining the original problem of his involvement in a theft case. He has now gone to the labor office, which has sent a legal notice to the company.
During this period, the employees who signed the letter are aware of the original problem. Some employees approached their supervisor and provided a written statement that they had mistakenly signed the letter, while others did not. One of them submitted their resignation and is currently working through a one-month notice period.
From India, Bhopal
Acknowledge(0)Amend(0)
Dear Sudhir Tiwari ji,
Still, you have not mentioned what kind of notice you have received from the labor office. Normally, the labor office sends a notice calling you to be present before it and give a reply to the complaint, in writing and/or orally. The officer tries to bring a solution to the complaint before him. This kind of proceeding is called Conciliation Proceeding, and a person/officer who conducts it is called a Conciliation Officer. In such a case, you are advised to attend the same. You should not ignore it. The role of the Conciliation Officer is only to try to bring a solution. He cannot give you any decision and compel you to follow it. He has to give a failure report to the government if no solution comes out of his efforts. (The only thing is that the officer has some nuisance value). You should be firm with your stand if it is not unfair.
From India, Mumbai
Acknowledge(0)Amend(0)
Still, you have not mentioned what kind of notice you have received from the labor office. Normally, the labor office sends a notice calling you to be present before it and give a reply to the complaint, in writing and/or orally. The officer tries to bring a solution to the complaint before him. This kind of proceeding is called Conciliation Proceeding, and a person/officer who conducts it is called a Conciliation Officer. In such a case, you are advised to attend the same. You should not ignore it. The role of the Conciliation Officer is only to try to bring a solution. He cannot give you any decision and compel you to follow it. He has to give a failure report to the government if no solution comes out of his efforts. (The only thing is that the officer has some nuisance value). You should be firm with your stand if it is not unfair.
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Sudhir,
As far as I guess, you have not conducted a domestic enquiry nor issued any show cause to the employee concerned. Theft (I think you want to say misappropriation) is a very serious misconduct, but no misconduct is big enough to bypass the statutory procedure of an enquiry.
Now, when the notice has already been issued by the Labour Department, you must go on the date so fixed by the Labour Commissioner for hearing with proof of his misappropriation and the findings of the auditors. Please, if possible, take along those workmen who are ready to withdraw their complaint and let their statements be recorded at the Labour office.
Also, as soon as possible, start the domestic enquiry procedure by issuing a show cause to the delinquent employee. If the response received is not satisfactory, please appoint an enquiry officer to look into the charges against the delinquent employee.
Please handle this matter very carefully. Feel free to revert in case of any specific query in this regard.
From India, New Delhi
Acknowledge(0)Amend(0)
As far as I guess, you have not conducted a domestic enquiry nor issued any show cause to the employee concerned. Theft (I think you want to say misappropriation) is a very serious misconduct, but no misconduct is big enough to bypass the statutory procedure of an enquiry.
Now, when the notice has already been issued by the Labour Department, you must go on the date so fixed by the Labour Commissioner for hearing with proof of his misappropriation and the findings of the auditors. Please, if possible, take along those workmen who are ready to withdraw their complaint and let their statements be recorded at the Labour office.
Also, as soon as possible, start the domestic enquiry procedure by issuing a show cause to the delinquent employee. If the response received is not satisfactory, please appoint an enquiry officer to look into the charges against the delinquent employee.
Please handle this matter very carefully. Feel free to revert in case of any specific query in this regard.
From India, New Delhi
Acknowledge(0)Amend(0)
Dear Sudhir,
First, the company should attend the hearing as it would have been sent from the Conciliation Officer. Then the company can file a suitable counter. Based on this, either the matter would be settled amicably, or a failure report may be passed, and then the case would be taken to the Labour Court. During these proceedings, i.e., Conciliation Officer and Labour Court, the company will have to prove that the resignation given by the worker was voluntary and not under force.
Secondly, if your company has any certified standing orders, a show cause notice may be issued to the worker regarding his misconduct. After receiving the explanation, if it is not satisfactory, a domestic inquiry may be conducted. Based on the findings of the inquiry officer, a suitable order may be passed by the company.
Thirdly, the company must send their reply notice to the complaint.
Fourthly, if any coworkers are supporting, then the management will have to find out whether those employees colluded with that employee. If there is any collusion, the management may issue show cause notices to those employees. Based on their explanations, a charge memo may be issued to them as per the standing order, and then the management can conduct a domestic inquiry on all of them. Based on the inquiry findings, a suitable order may be passed by the company.
Jeevanantham S
Advocate, Chennai
From India, Chennai
Acknowledge(0)Amend(0)
First, the company should attend the hearing as it would have been sent from the Conciliation Officer. Then the company can file a suitable counter. Based on this, either the matter would be settled amicably, or a failure report may be passed, and then the case would be taken to the Labour Court. During these proceedings, i.e., Conciliation Officer and Labour Court, the company will have to prove that the resignation given by the worker was voluntary and not under force.
Secondly, if your company has any certified standing orders, a show cause notice may be issued to the worker regarding his misconduct. After receiving the explanation, if it is not satisfactory, a domestic inquiry may be conducted. Based on the findings of the inquiry officer, a suitable order may be passed by the company.
Thirdly, the company must send their reply notice to the complaint.
Fourthly, if any coworkers are supporting, then the management will have to find out whether those employees colluded with that employee. If there is any collusion, the management may issue show cause notices to those employees. Based on their explanations, a charge memo may be issued to them as per the standing order, and then the management can conduct a domestic inquiry on all of them. Based on the inquiry findings, a suitable order may be passed by the company.
Jeevanantham S
Advocate, Chennai
From India, Chennai
Acknowledge(0)Amend(0)
Dear,
You should have conducted a proper inquiry after issuing a charge sheet to the concerned employee for misappropriation. Now, collect proofs of misappropriation such as: emails sent by him, statements of his colleagues, statement of his boss, his own written statement, etc. Produce the proofs to the conciliation officer and justify termination. After the case stands in the Labour court, the proofs, written and oral statements, witnesses, etc., will be needed to be produced in court. Do things in a proper manner and carefully. Appoint an advocate immediately and act as per his suggestions.
From India, Mumbai
Acknowledge(0)Amend(0)
You should have conducted a proper inquiry after issuing a charge sheet to the concerned employee for misappropriation. Now, collect proofs of misappropriation such as: emails sent by him, statements of his colleagues, statement of his boss, his own written statement, etc. Produce the proofs to the conciliation officer and justify termination. After the case stands in the Labour court, the proofs, written and oral statements, witnesses, etc., will be needed to be produced in court. Do things in a proper manner and carefully. Appoint an advocate immediately and act as per his suggestions.
From India, Mumbai
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.