Dear Team,
I am sales manager in the pvt bank. Handling contractual sales team have right to approve leave.don’t have any financial right.now I receive termination letter from the bank due to absconding and not appear for the medical examination. I was on medical from the 17 nov 2014.I have all receiving for leave application and medical certificate. and i have receive one letter from my BH for the medical examination by the bank. I visited the bank on that day which is mention in letter and visit doctor clinic alongwith one branch staff . have a copy of dr. priscription. Request you to please guide me can I go in labour court or some were else.
Akhilesh
From India, Gurgaon
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I am sales manager in the pvt bank. Handling contractual sales team have right to approve leave.don’t have any financial right.now I receive termination letter from the bank due to absconding and not appear for the medical examination. I was on medical from the 17 nov 2014.I have all receiving for leave application and medical certificate. and i have receive one letter from my BH for the medical examination by the bank. I visited the bank on that day which is mention in letter and visit doctor clinic alongwith one branch staff . have a copy of dr. priscription. Request you to please guide me can I go in labour court or some were else.
Akhilesh
From India, Gurgaon
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Since you worked in establishment in gurgaon, you are governed by Punjab Shops and Estàblishment Act. Under section 22 thereof, if your termination is unreasonable then the Magistrate can set aside the removal order. Here you were terminated on the ground of absconding which is a misconduct. For proving absconding, inquiry should have been done by the employer, if it was a misconduct in the list of misconducts of the company. Since this does not appear to have been done challenge it before the forum under section 22 of the Act.
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Sushil
From India, New Delhi
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225Thanks
Sushil
From India, New Delhi
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my company belong from banglore and i am posted in up. and i have all medical application receiving from the official.
From India, Gurgaon
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From India, Gurgaon
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Under the Shops and Establishment Act, generally, an advocate can represent an employee unless they are barred under statute. Even under section 36(4) of the ID Act, an advocate can represent an employee with the consent of the opposite party and permission of the court.
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Sushil
From India, New Delhi
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Thanks,
Sushil
From India, New Delhi
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Dear all,
The complainant is mentioning his/her designation as Manager and hence, does not fall within the definition of a worker who can go to the labour court/conciliation officer concerned. He/She has to prove him/herself as a "worker" only then the complaint can be entertained, and the conciliation process can be completed; otherwise, the civil court is their option, and the decision will take a long time.
P.K. Sharma
From India, Delhi
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The complainant is mentioning his/her designation as Manager and hence, does not fall within the definition of a worker who can go to the labour court/conciliation officer concerned. He/She has to prove him/herself as a "worker" only then the complaint can be entertained, and the conciliation process can be completed; otherwise, the civil court is their option, and the decision will take a long time.
P.K. Sharma
From India, Delhi
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As pointed out by Sharma, you will not come under the Shops and Commercial Establishments Act or the Industrial Disputes Act because you have been handling a sales team, which means your nature of work has been supervisory and would never fall under the protected class of workmen.
In a situation like this, rather than going for a battle, it is advisable to have an amicable settlement wherein the termination could be stated as "relieved on request/after resigning from service," which will safeguard your career.
Madhu.T.K
From India, Kannur
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In a situation like this, rather than going for a battle, it is advisable to have an amicable settlement wherein the termination could be stated as "relieved on request/after resigning from service," which will safeguard your career.
Madhu.T.K
From India, Kannur
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Mr. Sharma does not state that the queriest does not fall under the Punjab Shops and Establishment Act, nor can he say so as the queriest falls under the definition of an employee, not an employer. If the queriest can describe her nature of duties, it can be further considered whether she can be classified as a workman. At the very least, she can seek remedy under the provisions of the Shops and Establishment Act.
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Sushil
From India, New Delhi
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Thanks,
Sushil
From India, New Delhi
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First step for you is to serve a notice asking the reasons for such termination. One of the important rights that you hold is the right to be heard, since you imply that you weren't informed of the reasons. Once you serve a notice, they are bound to reply. You should clearly mention that you are being terminated, along with other details and reasons (e.g., medical), and then ask them to either take you back or provide compensation.
Most importantly, ensure that your employment agreement does not grant them the right to terminate in such a manner. I mostly doubt this is the case, but sometimes they withhold the right to terminate without a hearing or notice.
You may either approach an advocate to serve a notice (mentioning that if they fail to reply within 15 days, you are bound to take legal action and approach the court) or you can send it yourself via registered post.
After serving the notice, you may contact us for further details.
From India, Bangalore
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Most importantly, ensure that your employment agreement does not grant them the right to terminate in such a manner. I mostly doubt this is the case, but sometimes they withhold the right to terminate without a hearing or notice.
You may either approach an advocate to serve a notice (mentioning that if they fail to reply within 15 days, you are bound to take legal action and approach the court) or you can send it yourself via registered post.
After serving the notice, you may contact us for further details.
From India, Bangalore
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Since the queriest has already received a termination letter, which is prima facie illegal, asking for reasons thereafter from the employer is not advisable. This is because the employer cannot be allowed to give reasons or improve reasons through a counter affidavit or further reply. Please see the Apex court decision in Mohinder Singh Gill vs Chief Election Commissioner, as followed in Renuka Kumari vs State of Jharkhand, decided on 19.11.2011 by the Jharkhand High Court.
Thanks, Sushil
From India, New Delhi
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Thanks, Sushil
From India, New Delhi
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