THANE-based Wonderbiz Company illegally terminated an employee. After termination, they denied clearing dues. The employee has filed a case with the labor commissioner. For the first 3 hearings, the company didn't attend. Now, they are paying half the amount and asking the employee to sign an affidavit without sharing a copy of it. This company even accused employees of posting reviews as a breach of confidential information.
Can the company force employees to sign an affidavit to clear dues without sharing a copy of it with the employee?
From India, Mumbai
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1Can the company force employees to sign an affidavit to clear dues without sharing a copy of it with the employee?
From India, Mumbai
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In the absence of the capacity of the employment of the employee, I don't think that anyone can suggest an appropriate answer.
Assuming that the individual was a workman under Section 2(s) of the Industrial Disputes Act, 1947:
i) What was the subject matter of the complaint raised before the Commissioner - about the illegality of the employee's termination or non-payment of the terminal benefits?
ii) What about the fate of the case with the Commissioner?
iii) If the management came forward to pay half the terminal benefits without participating in the proceedings before the Commissioner, did any direct negotiations take place?
From India, Salem
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Assuming that the individual was a workman under Section 2(s) of the Industrial Disputes Act, 1947:
i) What was the subject matter of the complaint raised before the Commissioner - about the illegality of the employee's termination or non-payment of the terminal benefits?
ii) What about the fate of the case with the Commissioner?
iii) If the management came forward to pay half the terminal benefits without participating in the proceedings before the Commissioner, did any direct negotiations take place?
From India, Salem
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Dear Colleague,
Pending clarification sought by Mr. Umakanthan, at this stage or otherwise, you are not obliged to sign any affidavit of any nature without knowing its contents, far from signing it. My advice is to continue your legal fight and not buckle under any pressure. My assessment of the situation is that the employer has realized that they have illegally terminated you and is trying to make some compromises to wriggle out of this. However, you should continue to apply pressure until they settle all your legal dues and compensation and give you a clean chit.
Obviously, my advice is based on some assumptions and pending receipt of your clarification.
Regards, Vinayak Nagarkar HR Consultant
From India, Mumbai
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Pending clarification sought by Mr. Umakanthan, at this stage or otherwise, you are not obliged to sign any affidavit of any nature without knowing its contents, far from signing it. My advice is to continue your legal fight and not buckle under any pressure. My assessment of the situation is that the employer has realized that they have illegally terminated you and is trying to make some compromises to wriggle out of this. However, you should continue to apply pressure until they settle all your legal dues and compensation and give you a clean chit.
Obviously, my advice is based on some assumptions and pending receipt of your clarification.
Regards, Vinayak Nagarkar HR Consultant
From India, Mumbai
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The current status of the petition in the case is pending with the Thane labor commissioner. He has called for the next reconciliation meeting, but when requested to let the company provide documents for review by a lawyer, the commissioner refrained from cooperation, stating that this does not fall under his power.
A complaint was made to the senior labor commissioner regarding this issue, and he has agreed to provide a copy for review before signing.
From India, Mumbai
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A complaint was made to the senior labor commissioner regarding this issue, and he has agreed to provide a copy for review before signing.
From India, Mumbai
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