One staff working in a hospital as a sweeper leaves the job, saying she won't come from tomorrow. As an employer, we had not removed her from duty; she herself left as she did not want to do her duties where we wanted to allocate her.
After a few days, she goes to court and files a complaint through the labor court to be reinstated in her job. However, the question here is that we had not removed her. In such a case, what should we do? She had filed as per the Act of 1947, Section 10(1).
Kindly suggest what to do in this case and what actions we can take.
From India, Ahmedabad
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After a few days, she goes to court and files a complaint through the labor court to be reinstated in her job. However, the question here is that we had not removed her. In such a case, what should we do? She had filed as per the Act of 1947, Section 10(1).
Kindly suggest what to do in this case and what actions we can take.
From India, Ahmedabad
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Dear friend,
Your narrative seems to lack essential details leading to the individual dispute by the woman employee in the Labor Court.
In the first place, the employee could not have approached the Labor Court straight away without exhausting the initial process of raising the dispute before the Conciliation Officer u/s 2-A(1) of the Industrial Disputes Act, 1947. If so, whether you participated in the proceedings before the Officer and filed any counter statement setting forth what actually happened as you have described, or you simply ignored to attend the proceedings? In the former case, you could have suggested offering her reemployment with continuity of service but without back wages as she left on her own. Had you simply failed to attend the proceedings even without any reply to the complaint by the employee, in the absence of documentary evidence like appointment letter, resignation, relieving orders, etc., whatever defense you take now before the Court would water down. In my opinion, it is wise for the hospital to come forward before the Court to take her back without back wages and try to get a consent award. Better consult your advocate.
From India, Salem
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6185Your narrative seems to lack essential details leading to the individual dispute by the woman employee in the Labor Court.
In the first place, the employee could not have approached the Labor Court straight away without exhausting the initial process of raising the dispute before the Conciliation Officer u/s 2-A(1) of the Industrial Disputes Act, 1947. If so, whether you participated in the proceedings before the Officer and filed any counter statement setting forth what actually happened as you have described, or you simply ignored to attend the proceedings? In the former case, you could have suggested offering her reemployment with continuity of service but without back wages as she left on her own. Had you simply failed to attend the proceedings even without any reply to the complaint by the employee, in the absence of documentary evidence like appointment letter, resignation, relieving orders, etc., whatever defense you take now before the Court would water down. In my opinion, it is wise for the hospital to come forward before the Court to take her back without back wages and try to get a consent award. Better consult your advocate.
From India, Salem
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Hi, ANONYMOUS,
In addition to the points mentioned, you should have initiated the disciplinary process by issuing a warning letter regarding the sudden halt in attendance without providing any formal written explanation. If this letter had been sent via Registered Post Acknowledgement Due (RPAD), it could have been presented to the conciliation officer. The employer does not deny the individual's employment, and the employee voluntarily left without providing any information.
From India, Madras
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In addition to the points mentioned, you should have initiated the disciplinary process by issuing a warning letter regarding the sudden halt in attendance without providing any formal written explanation. If this letter had been sent via Registered Post Acknowledgement Due (RPAD), it could have been presented to the conciliation officer. The employer does not deny the individual's employment, and the employee voluntarily left without providing any information.
From India, Madras
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Dear colleague,
What documentary proof do you have in support of your assertion that she left the job of her own will? Did she submit a letter of resignation, and did you acknowledge her resignation in writing? In matters of employment termination, verbal statements are not acceptable. As you are now facing an industrial dispute due to your apparent lack of knowledge and negligence, it is advisable to heed the advice of Mr. Umakanthan.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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What documentary proof do you have in support of your assertion that she left the job of her own will? Did she submit a letter of resignation, and did you acknowledge her resignation in writing? In matters of employment termination, verbal statements are not acceptable. As you are now facing an industrial dispute due to your apparent lack of knowledge and negligence, it is advisable to heed the advice of Mr. Umakanthan.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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In addition to the above points, there is a possibility to mark her absence as 'Unauthorised leave' for the days when she has not signed the muster roll or punched her attendance. However, there needs to be an internal disciplining process surrounding that leave, as others have mentioned. This leave will be considered 'leave without pay'.
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From India, Raurkela
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