Confirmed employee of a private limited company has been terminated without giving notice, illegally by saying irrelevant causes and stopped last month salary also..
what are the remedies available as per law?
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From India, Chandigarh
what are the remedies available as per law?
-
From India, Chandigarh
Dear member,
The information provided is inadequate. Please confirm to us the following:
a) The nature of your company's business, in which state is your office?
b) Your designation and the length of service in the current company
c) How many subordinates directly report to you?
d) Before termination of your employment, whether or not, a show-cause notice was issued to you.
e) Before termination of your employment, whether or not, a domestic enquiry conducted?
f) How was the relationship with your reporting authority? Is it a troubled one and if yes, then why?
g) Any other causes that led to the termination of your services.
Once you provide the details, we will be in a position to give you the recommendations.
Thanks,
Dinesh Divekar
From India, Bangalore
7884The information provided is inadequate. Please confirm to us the following:
a) The nature of your company's business, in which state is your office?
b) Your designation and the length of service in the current company
c) How many subordinates directly report to you?
d) Before termination of your employment, whether or not, a show-cause notice was issued to you.
e) Before termination of your employment, whether or not, a domestic enquiry conducted?
f) How was the relationship with your reporting authority? Is it a troubled one and if yes, then why?
g) Any other causes that led to the termination of your services.
Once you provide the details, we will be in a position to give you the recommendations.
Thanks,
Dinesh Divekar
From India, Bangalore
Dinesh Divekar ji, Thanks for your quick response..
the following are the details as your goodself is required
a) it is pharma co., located in Hyderabad
b) Plant head - 3 years
c)
d) no show-cause notice issued
e) no enquiry was conducted
f) it was ok.. when aggrieved asked for increment in salary , they refused to pay more
g) it was a silly cause, alleged that aggrieved person recommended/appointed one of his relative to a post,( later that appointed person was resigned and relieved within a few days) moreover, he is not having blood-relation with aggrieved person.
it is pvt ltd co., having about 50 employees..
aggrieved person is plant head.
working
regards..
From India, Chandigarh
the following are the details as your goodself is required
a) it is pharma co., located in Hyderabad
b) Plant head - 3 years
c)
d) no show-cause notice issued
e) no enquiry was conducted
f) it was ok.. when aggrieved asked for increment in salary , they refused to pay more
g) it was a silly cause, alleged that aggrieved person recommended/appointed one of his relative to a post,( later that appointed person was resigned and relieved within a few days) moreover, he is not having blood-relation with aggrieved person.
it is pvt ltd co., having about 50 employees..
aggrieved person is plant head.
working
regards..
From India, Chandigarh
Dear member,
Since the terminated employee was the "Plant Head", he was in the supervisory/managerial cadre. Therefore, the provisions of the Industrial Disputes Act, 1947 do not apply to him. These are applicable only to the "workman" category.
Since the terminated employee, i.e., Plant Head is not a workman, he/she cannot file a complaint with the labour officer. Therefore, the only remedy available is to file a civil suit. Court jurisdiction for a civil suit should be as per the terms of the employment letter.
However, before filing a civil suit, let the Plant Head send an application to the MD of the company. Politely, bring to his/her notice that the termination of employment is not as per the provisions mentioned in the appointment letter. The Plant Head is eligible to get the payment in lieu of the notice period. If it is paid, let him/her close the matter and search for new employment. If it is not paid, then let him/her decide whether to file a lawsuit or not.
Since the Plant Head has served for three years, he/she is not eligible to get gratuity.
By the way, has the company issued assets like laptop, mobile phone, etc., to the Plant Head? If yes, then has he/she returned the assets?
Thanks,
Dinesh Divekar
From India, Bangalore
Since the terminated employee was the "Plant Head", he was in the supervisory/managerial cadre. Therefore, the provisions of the Industrial Disputes Act, 1947 do not apply to him. These are applicable only to the "workman" category.
Since the terminated employee, i.e., Plant Head is not a workman, he/she cannot file a complaint with the labour officer. Therefore, the only remedy available is to file a civil suit. Court jurisdiction for a civil suit should be as per the terms of the employment letter.
However, before filing a civil suit, let the Plant Head send an application to the MD of the company. Politely, bring to his/her notice that the termination of employment is not as per the provisions mentioned in the appointment letter. The Plant Head is eligible to get the payment in lieu of the notice period. If it is paid, let him/her close the matter and search for new employment. If it is not paid, then let him/her decide whether to file a lawsuit or not.
Since the Plant Head has served for three years, he/she is not eligible to get gratuity.
By the way, has the company issued assets like laptop, mobile phone, etc., to the Plant Head? If yes, then has he/she returned the assets?
Thanks,
Dinesh Divekar
From India, Bangalore
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