I was suspended from work with no salary for 2 months. My consern is I never received an appointment letter since I was appointed 4 years ago. What are my chances of winning this case?
From South Africa, Johannesburg
From South Africa, Johannesburg
Hello,
Four years in employment, yet no letter of appointment! Understandable but not acceptable!!!
What are you employed as? I mean whether the duties actually performed by you indicate that you are a "workman" under Industrial Disputes Act 1947. This is unlikely if you are a member of this board. Are "Model Standing Orders" or "Certified Standing Orders" under the Industrial Employment (Standing Orders) Act 1946 applicable to your establishment? How many people are employed by your company at the establishment where you are appointed to work. Do other employees appointed to do work same or similar to the work assigned to you, have been issued letters of appointments?
Too many questions but answers to these will decide your options in the situations, as:
1) If you are NOT a "workman" under the Industrial Disputes Act 1947 then you have precious little hope from labour law.
2) If you are not a "workman" under Industrial Disputes Act 1947, the your relationship as to mutual rights and obligations are normally governed by the contract of employment (embodied by the letter of appointment incorporating "terms & conditions" of employment mutually accepted by the employer and the employee, but inthis case such a document apparently does not exist at all, as you say.
Be that as it may, if you were a "workman" under Industrial Disputes Act 1947 and if "Standing Orders" under Industria Employment (Standing Orders) Act 1946 was applicable, even in that case the employer could not have "suspended" by way of punishment for more than FOUR days. The employer has a right under certain circumstances, to "suspend" a workman "pending enquiry" uto a maximum of 180 day and it obliged to pay you 50% of your wages as "subsistance allowance" for first 90 days, 75% for the next 90 days and full wages after the first 180 days even if the suspension continues.
As to your chances of "winning this case" depending upon many factors and for that we will need answers and/or data related to above questions. Only after this, will one be able to advice competently.
To get proper advice you must state all facts to the counsellor!
Think about it. Help is available but you must determine if need help or sympathy!!!
Cheer up, don't lose heart and come up with facts of the matter!
Regards
samvedan
October 28, 2011
---------------------
From India, Pune
315Four years in employment, yet no letter of appointment! Understandable but not acceptable!!!
What are you employed as? I mean whether the duties actually performed by you indicate that you are a "workman" under Industrial Disputes Act 1947. This is unlikely if you are a member of this board. Are "Model Standing Orders" or "Certified Standing Orders" under the Industrial Employment (Standing Orders) Act 1946 applicable to your establishment? How many people are employed by your company at the establishment where you are appointed to work. Do other employees appointed to do work same or similar to the work assigned to you, have been issued letters of appointments?
Too many questions but answers to these will decide your options in the situations, as:
1) If you are NOT a "workman" under the Industrial Disputes Act 1947 then you have precious little hope from labour law.
2) If you are not a "workman" under Industrial Disputes Act 1947, the your relationship as to mutual rights and obligations are normally governed by the contract of employment (embodied by the letter of appointment incorporating "terms & conditions" of employment mutually accepted by the employer and the employee, but inthis case such a document apparently does not exist at all, as you say.
Be that as it may, if you were a "workman" under Industrial Disputes Act 1947 and if "Standing Orders" under Industria Employment (Standing Orders) Act 1946 was applicable, even in that case the employer could not have "suspended" by way of punishment for more than FOUR days. The employer has a right under certain circumstances, to "suspend" a workman "pending enquiry" uto a maximum of 180 day and it obliged to pay you 50% of your wages as "subsistance allowance" for first 90 days, 75% for the next 90 days and full wages after the first 180 days even if the suspension continues.
As to your chances of "winning this case" depending upon many factors and for that we will need answers and/or data related to above questions. Only after this, will one be able to advice competently.
To get proper advice you must state all facts to the counsellor!
Think about it. Help is available but you must determine if need help or sympathy!!!
Cheer up, don't lose heart and come up with facts of the matter!
Regards
samvedan
October 28, 2011
---------------------
From India, Pune
Dear
youhave to reply on certain points before discussion on your query.
1.wheter your ESI,PF,Income tax or any professinal tax deducted on salary.which can prove your appointment.
2.you were suspended for 2 months without salary.wheter any charge sheet given or enquiry conducted or spspended verbelly or given suspension in writing.
From India, Delhi
youhave to reply on certain points before discussion on your query.
1.wheter your ESI,PF,Income tax or any professinal tax deducted on salary.which can prove your appointment.
2.you were suspended for 2 months without salary.wheter any charge sheet given or enquiry conducted or spspended verbelly or given suspension in writing.
From India, Delhi
Dear Namhla,
By tomorrow morning send them a letter covering the following points by FAX, Mail positively.
1. date since you were working there. their assurance for approintment and subsequently verbal communication that they dont have procedure of issuing approintment letters.
2. your nature of work.
3. the incident for which they suspended you and your not guilty reasons.
4. the aftermath of the incident covering that you are not getting salary..........even after several requests for the same over phone personal visit (dont put date of visit)
5. their rejection for salary for last 2 months even after your visit day before Diwali
6. Being completely frustrated with their hostile behaviour you are issuing this letter.
draft and sent me if you wish to get it vetted.
From India, Calcutta
By tomorrow morning send them a letter covering the following points by FAX, Mail positively.
1. date since you were working there. their assurance for approintment and subsequently verbal communication that they dont have procedure of issuing approintment letters.
2. your nature of work.
3. the incident for which they suspended you and your not guilty reasons.
4. the aftermath of the incident covering that you are not getting salary..........even after several requests for the same over phone personal visit (dont put date of visit)
5. their rejection for salary for last 2 months even after your visit day before Diwali
6. Being completely frustrated with their hostile behaviour you are issuing this letter.
draft and sent me if you wish to get it vetted.
From India, Calcutta
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
WORK PLACE STANDARDS - Blank.doc
06b-Form VI-B (Notice of Commencement of Contract Work).pdf
Work-life_balan ce_117.ppt