res members as the subject states i m a petty shopkeeper with one employee only.he was working since last 7 years but left me and filed retrenchment suit..i replied that i hv never terminated him and ready to keep him in continuance of service .what shud be done as he has misstated the facts and filed fake suit..members pls give your valuable guidance..
thanks & regards
From India, New Delhi
thanks & regards
From India, New Delhi
hi
u take his personal file and his details meet the joint commissioner of labour and explain and show the relevant documents with u and he is the correct person to guide, or u have to approach legal adviser.
regs
From India, Hyderabad
42u take his personal file and his details meet the joint commissioner of labour and explain and show the relevant documents with u and he is the correct person to guide, or u have to approach legal adviser.
regs
From India, Hyderabad
What evidence the employee submitted to show that you have terminated his services? If he has not submitted any evidence, then it indicates that he left the service on his own.The very fact that you are ready to take him back into service also indicates that you have not terminated his services. but he only left the service and it does not amount to retrenchment.Why you should be willing to take an employee back into service, if you have terminated his service.Any how, you have not discussed the evidence part of the issue on both sides to enable the member's to reply more specifically.
B.Saikumar
HR & Labour Law Adviser
From India, Mumbai
B.Saikumar
HR & Labour Law Adviser
From India, Mumbai
The dues may consist in the full & final settlement, of the following :
1) The wages that accrued to him for the period he worked but remain unpaid.if any.
2)Moneys/incentive amounts/commissions etc, if any owed by you to the employee as per your contract/terms of appointment.
Since you have stated that you have only one employee, the Bonus Act 1961 or the Gratuity Act 1972 is not applicable to your shop..
B.Saikumar
HR & Labour Law advisor
From India, Mumbai
1) The wages that accrued to him for the period he worked but remain unpaid.if any.
2)Moneys/incentive amounts/commissions etc, if any owed by you to the employee as per your contract/terms of appointment.
Since you have stated that you have only one employee, the Bonus Act 1961 or the Gratuity Act 1972 is not applicable to your shop..
B.Saikumar
HR & Labour Law advisor
From India, Mumbai
res seniors once again i need your help
On last hearing the C.O. wrote in the proceedings that { after a no. of hearings the issue has not been solved and the case has been concluded and can be taken for future reference/reporting,. The workman has been paid 15 days wages by the mgmt.No earned wages are due..}
Thereafter I paid the amount in cash and myself , workman and the union leader advocate signed the proceedings. So sir my request to you is that what does this decision means ? pls elaborate
thanks & kind regards..
From India, New Delhi
On last hearing the C.O. wrote in the proceedings that { after a no. of hearings the issue has not been solved and the case has been concluded and can be taken for future reference/reporting,. The workman has been paid 15 days wages by the mgmt.No earned wages are due..}
Thereafter I paid the amount in cash and myself , workman and the union leader advocate signed the proceedings. So sir my request to you is that what does this decision means ? pls elaborate
thanks & kind regards..
From India, New Delhi
when the C.O records that the issue (termination/retrenchment)) has not been solved, it means the conciliation ended in failure. Now he has no more to do with the case. He will submit the report to the State Government.for further action. The State Government, if it feels that there still exits a dispute, it may refer the case to the Labour Court to decide the issue of retrenchment or if it is of the opinion that there is no dispute. . it may close the matter,
B.Saikumar
From India, Mumbai
B.Saikumar
From India, Mumbai
respected seniors
Again i need your help regarding the above case.Since the w/man requested for F.O.C. REPORT from the C.O. so he gave him the failure report on his request and then w/man filed suit in the labour court. .In the labour court in front of the judge the workman stated that he does not want to join the duty so kindly help me get me my benefits. Then after judge made an order that""" the management is open/ready to keep the workman on duty anytime but the w/man has declined to join the duty and .the case has been adjourned till next date.""" So my request to you seniors is that what are the dues applicable on our shop which was having only one employee working since last 7-8 years.pls elaborate .. I will be thankful to you.. Thanks and kind regards.
From India, New Delhi
Again i need your help regarding the above case.Since the w/man requested for F.O.C. REPORT from the C.O. so he gave him the failure report on his request and then w/man filed suit in the labour court. .In the labour court in front of the judge the workman stated that he does not want to join the duty so kindly help me get me my benefits. Then after judge made an order that""" the management is open/ready to keep the workman on duty anytime but the w/man has declined to join the duty and .the case has been adjourned till next date.""" So my request to you seniors is that what are the dues applicable on our shop which was having only one employee working since last 7-8 years.pls elaborate .. I will be thankful to you.. Thanks and kind regards.
From India, New Delhi
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