Respected Seniors,
Please help me. If a company fires or terminates an employee without any written notice or valid reason and mentally harasses the employee repeatedly after they have worked for 4.5 years, how can the employee file a claim with the labor office?
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1Please help me. If a company fires or terminates an employee without any written notice or valid reason and mentally harasses the employee repeatedly after they have worked for 4.5 years, how can the employee file a claim with the labor office?
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Hi,
If you are the victim, you can file a complaint with the Labor Inspector of your office jurisdiction with all proofs.
How did the company terminate you without any written letter? What was your position with the company? You haven't provided clear details.
I hope you are trying to say the company mentally harassed and forced you to resign. If you had already submitted a resignation letter voluntarily, then it would be tough to prove at the Labor Office.
From India, Madras
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If you are the victim, you can file a complaint with the Labor Inspector of your office jurisdiction with all proofs.
How did the company terminate you without any written letter? What was your position with the company? You haven't provided clear details.
I hope you are trying to say the company mentally harassed and forced you to resign. If you had already submitted a resignation letter voluntarily, then it would be tough to prove at the Labor Office.
From India, Madras
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Sir no submitted resignation letter. But Labour Officer Also tolled that You resign and go away with three months' salary.If you are fired, you will get nothing.
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There is one important point missing in the thread, and that is whether you actually belonged to the worker category. In many cases, what I have noticed is that the labor officer may involve informally, but when it reaches the stage that you decide to file a complaint and do it, then the question arises whether the complainant is a workman under the ID Act or not. If you were having supervisory powers functionally, then the issue cannot be settled in a Labour Office. If that is the case with you, it is good if you collect the amount offered and leave.
Having worked for 4 years and six months, the applicability of the Payment of Gratuity Act should also be explored. Since the issue is in Tamil Nadu and we have a ruling by the Madras High Court in Mettur Bearsel's case that an employee who has worked for 240 days in the fifth year is entitled to get gratuity, the act of the employer asking you to go should be viewed as an attempt to avoid payment of gratuity. If you have decided to go, then you should ask them to compensate for the loss of gratuity also.
From India, Kannur
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Having worked for 4 years and six months, the applicability of the Payment of Gratuity Act should also be explored. Since the issue is in Tamil Nadu and we have a ruling by the Madras High Court in Mettur Bearsel's case that an employee who has worked for 240 days in the fifth year is entitled to get gratuity, the act of the employer asking you to go should be viewed as an attempt to avoid payment of gratuity. If you have decided to go, then you should ask them to compensate for the loss of gratuity also.
From India, Kannur
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