Hi, my name is Navendra. The company terminated me during the lockdown. I worked hard both on-field and at home, but the company deducted my salary in the month of March. Additionally, I don't have the contact details of HR.
So, I filed a complaint with the labor court. When the labor court inquired with the company about the matter, my manager stated it was misconduct and terminated me without hearing my side. I also reached out to the company's owner about the salary on Twitter, and they terminated me with immediate effect on the grounds of misconduct.
What should I do now?
From India, Kair
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3So, I filed a complaint with the labor court. When the labor court inquired with the company about the matter, my manager stated it was misconduct and terminated me without hearing my side. I also reached out to the company's owner about the salary on Twitter, and they terminated me with immediate effect on the grounds of misconduct.
What should I do now?
From India, Kair
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Hi,
Since you have already taken up the matter with the Labour Court and they too have decided on the issue, you need to obtain a copy of the judgment and review what exactly is stated there, preferably with a lawyer. Take appropriate steps such as filing an appeal, etc.
I doubt that your ex-employer would entertain any requests at this stage as the company has received a decision in their favor.
Thanks and Regards
From India, Hyderabad
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Since you have already taken up the matter with the Labour Court and they too have decided on the issue, you need to obtain a copy of the judgment and review what exactly is stated there, preferably with a lawyer. Take appropriate steps such as filing an appeal, etc.
I doubt that your ex-employer would entertain any requests at this stage as the company has received a decision in their favor.
Thanks and Regards
From India, Hyderabad
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You can obtain a copy of the said Labour Court's Decision as you inform in your post, which is what the Labour Court, under the laws, is bound to issue to you in response to your written representation against your unlawful termination for acts of misconduct on your part when you approached them in writing.
Every employer in India is bound by laws to give all reasonable opportunity to the employed person before terminating the employment for misconduct. Reasonable opportunity consists of:
i) First intimating the employee in writing of the alleged acts of misconduct committed by him/her and asking for a written explanation/reply in defense of the allegations;
ii) Appointing an Inquiry Officer or Committee to inquire into the leveled allegations, following the principles of natural justice and as per procedures prescribed for domestic/internal inquiries, including "opportunity to cross-examine" evidence, etc.
It is beyond comprehension as to how any Labour Court can be silent on the most crucial facts of employment law, which in your case, as stated by you, is how come without a proper, fair, and just domestic inquiry your employment/service was terminated.
"Injustice anywhere is a threat to justice everywhere." The idea of Aatm Nirbhar Bharat hinges on justice in all walks of life.
Harsh K Sharan, Freelance Inquiry Officer
Kritarth Team, 22.6.2020
From India, Delhi
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Every employer in India is bound by laws to give all reasonable opportunity to the employed person before terminating the employment for misconduct. Reasonable opportunity consists of:
i) First intimating the employee in writing of the alleged acts of misconduct committed by him/her and asking for a written explanation/reply in defense of the allegations;
ii) Appointing an Inquiry Officer or Committee to inquire into the leveled allegations, following the principles of natural justice and as per procedures prescribed for domestic/internal inquiries, including "opportunity to cross-examine" evidence, etc.
It is beyond comprehension as to how any Labour Court can be silent on the most crucial facts of employment law, which in your case, as stated by you, is how come without a proper, fair, and just domestic inquiry your employment/service was terminated.
"Injustice anywhere is a threat to justice everywhere." The idea of Aatm Nirbhar Bharat hinges on justice in all walks of life.
Harsh K Sharan, Freelance Inquiry Officer
Kritarth Team, 22.6.2020
From India, Delhi
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(Fact Checked)-The user reply contains accurate information regarding the process of conducting a fair domestic inquiry before terminating an employee for misconduct. It correctly emphasizes the importance of following principles of natural justice. (1 Acknowledge point)
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Dear Navendra,
The drafting of your query is not clear. The forum you approached must be the Labor Officer and not the Labor Court. If you were employed in the category of a workman as defined under the Industrial Disputes Act, 1947, and wrongfully dismissed, discharged, or retrenched, you can raise an industrial dispute under Section 2-A(1) of the IDA, 1947 against your employer before the Conciliation Officer for the area, who will be a Labor Officer or Assistant Commissioner of Labor. It is their duty to invite both the workman and the employer and initiate conciliation proceedings to promote an amicable settlement. If not possible, they have to issue a certificate stating that conciliation failed within 45 days from the date of receipt of the dispute. Then it is for the workman to file a dispute under Section 2-A(2) of the IDA, 1947 before the Labor Court for the area, claiming reinstatement with back wages, continuity of service, and all attendant benefits. The Labor Court would conduct an inquiry and pass its award accordingly.
Termination of the services of a workman for any alleged misconduct by the employer should have been preceded by disciplinary proceedings as per the Principles of Natural Justice. If not, the termination would be wrong and illegal.
Therefore, insist on a certificate from the conciliation officer to whom you lodged the complaint and then approach the Labor Court as mentioned above.
From India, Salem
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The drafting of your query is not clear. The forum you approached must be the Labor Officer and not the Labor Court. If you were employed in the category of a workman as defined under the Industrial Disputes Act, 1947, and wrongfully dismissed, discharged, or retrenched, you can raise an industrial dispute under Section 2-A(1) of the IDA, 1947 against your employer before the Conciliation Officer for the area, who will be a Labor Officer or Assistant Commissioner of Labor. It is their duty to invite both the workman and the employer and initiate conciliation proceedings to promote an amicable settlement. If not possible, they have to issue a certificate stating that conciliation failed within 45 days from the date of receipt of the dispute. Then it is for the workman to file a dispute under Section 2-A(2) of the IDA, 1947 before the Labor Court for the area, claiming reinstatement with back wages, continuity of service, and all attendant benefits. The Labor Court would conduct an inquiry and pass its award accordingly.
Termination of the services of a workman for any alleged misconduct by the employer should have been preceded by disciplinary proceedings as per the Principles of Natural Justice. If not, the termination would be wrong and illegal.
Therefore, insist on a certificate from the conciliation officer to whom you lodged the complaint and then approach the Labor Court as mentioned above.
From India, Salem
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(Fact Checked)-The user reply contains accurate and comprehensive guidance on the legal steps to take in case of wrongful termination. The information provided aligns with the Industrial Disputes Act, 1947, emphasizing the importance of following due process in case of misconduct allegations. (1 Acknowledge point)
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Labour officer ne phone kiya tha company mein ke aapne employee ke paise kyun kaate, phir company ne mujhe phone kiya ke labour officer ya labour court mein shikayat karna misconduct hai, aur Twitter per salary ke liye puchna misconduct hai to aapko company se nikala jata hai immediately.
Aur mujhe 29 April ko terminate kar diya, 25 March 2020 se abhi tak ki salary bhi mujhe nahi di gayi hai. Mera manager mujhe report na dalne ke liye bhi force kar raha tha. Kripya aap log kuch guidance dijiye.
From India, Kair
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Aur mujhe 29 April ko terminate kar diya, 25 March 2020 se abhi tak ki salary bhi mujhe nahi di gayi hai. Mera manager mujhe report na dalne ke liye bhi force kar raha tha. Kripya aap log kuch guidance dijiye.
From India, Kair
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(Fact Check Failed/Partial)-The user's reply contains inaccuracies. Misconduct cannot be determined without a fair hearing. Contact the labor court for proper resolution.
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@Umakanthan53,
The company's main business is wholesale distribution; they are not drug manufacturers. The job nature involves sales and payment collection from stockists. I am not a supervisor; all personnel report to Satyaveer and Pradeep, who are respectively the General Manager and Area Sales Manager. The monthly salary is 20500, with the last salary drawn being 17083/-. The call recordings are in Hindi language:
- [Call Recording 1](https://drive.google.com/file/d/1rQgCo_B_Cki_zkpeFaAcSXYLlpW_pHs2/view?usp=drivesdk)
- [Call Recording 2](https://drive.google.com/file/d/1SC7bMyDs8VTrkYxZaINj6pSepNu8fezv/view?usp=drivesdk)
- [Call Recording 3](https://drive.google.com/file/d/1MV-j3btUePTpXiOMsHc64ZOCOOteO2E_/view?usp=drivesdk)
From India, Kair
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The company's main business is wholesale distribution; they are not drug manufacturers. The job nature involves sales and payment collection from stockists. I am not a supervisor; all personnel report to Satyaveer and Pradeep, who are respectively the General Manager and Area Sales Manager. The monthly salary is 20500, with the last salary drawn being 17083/-. The call recordings are in Hindi language:
- [Call Recording 1](https://drive.google.com/file/d/1rQgCo_B_Cki_zkpeFaAcSXYLlpW_pHs2/view?usp=drivesdk)
- [Call Recording 2](https://drive.google.com/file/d/1SC7bMyDs8VTrkYxZaINj6pSepNu8fezv/view?usp=drivesdk)
- [Call Recording 3](https://drive.google.com/file/d/1MV-j3btUePTpXiOMsHc64ZOCOOteO2E_/view?usp=drivesdk)
From India, Kair
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(Fact Check Failed/Partial)-The user's reply does not address the concerns raised in the original post. The user provided information about the nature of the company's business and job responsibilities, which are not relevant to the issue of termination and salary deductions.
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From the further inputs you have furnished, it seems that though your designation was "Sales Officer," the nature of the job was neither managerial nor supervisory. As such, you were a workman under the IDA, 1947.
If the earlier complaint was only about non-payment of wages/salary, you have to file a fresh complaint under section 2-A(1) and later under 2-A(2) against your illegal dismissal as described in my previous post.
From India, Salem
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If the earlier complaint was only about non-payment of wages/salary, you have to file a fresh complaint under section 2-A(1) and later under 2-A(2) against your illegal dismissal as described in my previous post.
From India, Salem
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(Fact Check Failed/Partial)-The user's reply is incorrect.
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(Fact Check Failed/Partial)-The user's reply is partially correct. It is essential to clarify that the Labor Court should provide a fair hearing before making a decision. Seeking legal advice is advisable for further steps like an appeal.