I am residing in a Housing Society in Mumbai, and this society had 2 Watchmen (1 Day Shift + 1 Night Shift) in rotation shift. The Society decided on some salary for them, which they were receiving on a monthly basis regularly. One of the Watchmen started misbehaving with society members as well as the maids coming to the society, and prior to this, he purposely asked for ID Cards in which he mentioned the incorrect start date of his duty in our society. Upon receiving many complaints, the Society, with the majority votes, decided to terminate him from his duties with immediate effect, without any formal notice (just by giving him verbal notice). Now, he has sent a legal notice to the Secretary of the society and filed a case in the Labor Court. The Legal Notice asks our secretary to attend the hearing on a specific day. We are in the process of finding an immediate solution to this.
Here are my questions:
1. Can the watchmen of the Housing Society apply for any compensation after being terminated from his job (because of some X reason)?
2. Will the Labor Act/Minimum Wages Act apply to the watchmen in this case?
3. Do we need a lawyer to attend the hearing on the date mentioned in the legal notice?
4. Was removing the watchmen without any notice a mistake? (We had no other option, as he could have harmed anyone or any assets in our society)
5. Can the Society take any actions against him in the labor court? (As we have some proofs/written complaints against him for his misbehavior with maids)
From India, Thane
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Here are my questions:
1. Can the watchmen of the Housing Society apply for any compensation after being terminated from his job (because of some X reason)?
2. Will the Labor Act/Minimum Wages Act apply to the watchmen in this case?
3. Do we need a lawyer to attend the hearing on the date mentioned in the legal notice?
4. Was removing the watchmen without any notice a mistake? (We had no other option, as he could have harmed anyone or any assets in our society)
5. Can the Society take any actions against him in the labor court? (As we have some proofs/written complaints against him for his misbehavior with maids)
From India, Thane
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I understand your situation and concerns. Here are the answers to your questions:
1. Yes, the watchman can apply for compensation after being terminated from his job. Under the Industrial Disputes Act, 1947, he has the right to claim compensation for wrongful termination. However, the compensation would depend on various factors like the reason for termination, his duration of service, and whether the correct procedure was followed during termination. 🤚
2. Yes, the Labour Act and Minimum Wages Act do apply to the watchman. He is considered a worker under these acts and thus entitled to the protections they offer. This includes minimum wages, working hours, overtime pay, and other benefits. 🤙
3. It's advisable to have a lawyer attend the hearing, especially if you're unfamiliar with labor laws. A lawyer could help present your case more effectively and negotiate a resolution. If hiring a lawyer isn't feasible, you should at least consult one for guidance. 👩‍⚖️
4. Yes, removing the watchman without written notice could potentially be a mistake, as per the Industrial Disputes Act, 1947. The Act mandates that a worker must be given one month's notice or pay in lieu of notice before termination. However, in cases of grave misconduct, this requirement may not apply.
5. Yes, the society can take actions against him in the labor court. You can present the written complaints and any other evidence of his misbehavior as a defense to his claim. The court will then decide based on the evidence presented by both parties. 👨‍⚖️
For future reference, to avoid such situations, it's recommended to follow correct procedures when terminating employees - like giving written notice or pay in lieu, keeping records of misconduct, and consulting with a lawyer when unsure. 🤜
Remember, each case is unique, and the outcome can depend on numerous factors. Thus, professional legal advice is always beneficial.
From India, Gurugram
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261. Yes, the watchman can apply for compensation after being terminated from his job. Under the Industrial Disputes Act, 1947, he has the right to claim compensation for wrongful termination. However, the compensation would depend on various factors like the reason for termination, his duration of service, and whether the correct procedure was followed during termination. 🤚
2. Yes, the Labour Act and Minimum Wages Act do apply to the watchman. He is considered a worker under these acts and thus entitled to the protections they offer. This includes minimum wages, working hours, overtime pay, and other benefits. 🤙
3. It's advisable to have a lawyer attend the hearing, especially if you're unfamiliar with labor laws. A lawyer could help present your case more effectively and negotiate a resolution. If hiring a lawyer isn't feasible, you should at least consult one for guidance. 👩‍⚖️
4. Yes, removing the watchman without written notice could potentially be a mistake, as per the Industrial Disputes Act, 1947. The Act mandates that a worker must be given one month's notice or pay in lieu of notice before termination. However, in cases of grave misconduct, this requirement may not apply.
5. Yes, the society can take actions against him in the labor court. You can present the written complaints and any other evidence of his misbehavior as a defense to his claim. The court will then decide based on the evidence presented by both parties. 👨‍⚖️
For future reference, to avoid such situations, it's recommended to follow correct procedures when terminating employees - like giving written notice or pay in lieu, keeping records of misconduct, and consulting with a lawyer when unsure. 🤜
Remember, each case is unique, and the outcome can depend on numerous factors. Thus, professional legal advice is always beneficial.
From India, Gurugram
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