Dear All members,
I want to put before you a scenarion which is prevailing in XYZ company in these days.
The Director hire people for multiple task and when he finds that these resources are not yeilding good return without any notice he calls for a meeting and without enquiring the issue say : " u are terminated w.e. f.......".
He thinks as if he can hire & fire the resources at his own will. He has till not not even issued any advisory note or show cause notice to the employees. he straight away gives termination letter and puts pressure to deliver the task on time so as to rellieve to the earliest.
The situation is getting worst day by day but the director seems to be untouched with all these things.
My Query is how can an employee fight for the same ?
Can the employees sue the employer in the court of law?
If yes, how can they proceed?
what are the supporting document they must have?
Regards,
Revathi
From India
2I want to put before you a scenarion which is prevailing in XYZ company in these days.
The Director hire people for multiple task and when he finds that these resources are not yeilding good return without any notice he calls for a meeting and without enquiring the issue say : " u are terminated w.e. f.......".
He thinks as if he can hire & fire the resources at his own will. He has till not not even issued any advisory note or show cause notice to the employees. he straight away gives termination letter and puts pressure to deliver the task on time so as to rellieve to the earliest.
The situation is getting worst day by day but the director seems to be untouched with all these things.
My Query is how can an employee fight for the same ?
Can the employees sue the employer in the court of law?
If yes, how can they proceed?
what are the supporting document they must have?
Regards,
Revathi
From India
Hello friend,
You have raised a very relevant and important issue. I do not have authoritative answer to your question. However I feel that such behavior can be taken to court of law.
However an individual employee has very little strength to go to court. He needs to earn and support his family - he is not in a position to fight for justice.
In the market economy and capitalist society these are the evils that one has to probably accept. For example this is how we as common citizen behave with servant maid in our house - one fine morning we decide to terminate the services - we have no time to listen to her side of the story. Same is case with other companies too.
One more point is that such an organization will not be able to achieve a sustainable growth as people are working under tremendous pressure and may fear termination for no reason.
Of course some legal experts will be able to advise on how to go about it in courts - who will have the strength and energy to fight the battle.
Regards
Nishikant
From United States, Greensboro
You have raised a very relevant and important issue. I do not have authoritative answer to your question. However I feel that such behavior can be taken to court of law.
However an individual employee has very little strength to go to court. He needs to earn and support his family - he is not in a position to fight for justice.
In the market economy and capitalist society these are the evils that one has to probably accept. For example this is how we as common citizen behave with servant maid in our house - one fine morning we decide to terminate the services - we have no time to listen to her side of the story. Same is case with other companies too.
One more point is that such an organization will not be able to achieve a sustainable growth as people are working under tremendous pressure and may fear termination for no reason.
Of course some legal experts will be able to advise on how to go about it in courts - who will have the strength and energy to fight the battle.
Regards
Nishikant
From United States, Greensboro
Hello Revathi Just one question before I answer In what way you are connected w2ith this company?????? Answer this Then I may thrfow some light Siva
From India, Chennai
From India, Chennai
Good Morning SiVa, My brother is working in the same company. as well as the HR of that company is my batchmate. Regards, Revathi
From India
From India
Hi Revathi,
I strongly support your view that the Director is wrong and warrants stern action, but who will bell the cat.
If the Bose is bad, why don't people walk out or get other opportunity and keep moving.
if resources move in & out continuously no boss can show his performance.
One wild question are people tolerating the guy because the company is paying renumerations far exceeding the market.
Legally you would be able to do very less as he is only asking you to perform the duties at a peak performance level all the times.
Look out for opportunities and ditch the guy when he needs you all the most.
From India, Madras
I strongly support your view that the Director is wrong and warrants stern action, but who will bell the cat.
If the Bose is bad, why don't people walk out or get other opportunity and keep moving.
if resources move in & out continuously no boss can show his performance.
One wild question are people tolerating the guy because the company is paying renumerations far exceeding the market.
Legally you would be able to do very less as he is only asking you to perform the duties at a peak performance level all the times.
Look out for opportunities and ditch the guy when he needs you all the most.
From India, Madras
Dear all, Is it not awful to note that still such bad examples of Theory X exist? :shock: Such individuals may do well for a short time but history is replete with such bosses meeting their nemesis sooner or later:?
I personally know a case where a CEO was a terror in a large manufacturing company :evil: . He used to derive a lot of pleasure in embarassing others, particularly middle level executives and individual workmen. He would very liberally use abusive language. One day he found a small group of workmen gossiping just outside the work place. He went and shouted at the workmen, used all expletives. They were in a group and was not working since there was no electricity inside the block. Unable to accept that he was on the wrong, the boss demanded the gate pass of workmen. Soon the whole group threw their gate pass on his face. (He used to take the gate pass of any workmen found loitering in the shop and will make them to run pillar to post to get the pass back). In no time more workers joined and more than 200 passes were flung on him. They all cornered him and demanded apology for the abusive language. He had to be rescued from that tight situation by the Security personnel and that was the last time he went to the shop floor. Shortly thereafter he was transferred from this unit and a major embarassment was averted.
The learning from the incident is that one could be a real tiger while dealing with an individual worker or a helpless executive. But one day he will become too audacious and get into trouble. Then nobody can save him.
in the present situation the workmen have a legal remedy. A workmen having crossed 240 days of service cannot be just thrown away like that. Unless the procedure of disciplinary action is taken, the termination would be viewed as retrenchment and he would get reinstatement with full back wages. The law is very clear on this. you can get in touch with a legal expert on labour matters for more details. regards KK Nair :D
I personally know a case where a CEO was a terror in a large manufacturing company :evil: . He used to derive a lot of pleasure in embarassing others, particularly middle level executives and individual workmen. He would very liberally use abusive language. One day he found a small group of workmen gossiping just outside the work place. He went and shouted at the workmen, used all expletives. They were in a group and was not working since there was no electricity inside the block. Unable to accept that he was on the wrong, the boss demanded the gate pass of workmen. Soon the whole group threw their gate pass on his face. (He used to take the gate pass of any workmen found loitering in the shop and will make them to run pillar to post to get the pass back). In no time more workers joined and more than 200 passes were flung on him. They all cornered him and demanded apology for the abusive language. He had to be rescued from that tight situation by the Security personnel and that was the last time he went to the shop floor. Shortly thereafter he was transferred from this unit and a major embarassment was averted.
The learning from the incident is that one could be a real tiger while dealing with an individual worker or a helpless executive. But one day he will become too audacious and get into trouble. Then nobody can save him.
in the present situation the workmen have a legal remedy. A workmen having crossed 240 days of service cannot be just thrown away like that. Unless the procedure of disciplinary action is taken, the termination would be viewed as retrenchment and he would get reinstatement with full back wages. The law is very clear on this. you can get in touch with a legal expert on labour matters for more details. regards KK Nair :D
Thanks Prashant for giving a hope for legal side.
Thanks Aslam, people are looking for other options but as they struct for 10-14hrs a day they could not find enough time to search something better.
Regards,
Revathi
From India
Thanks Aslam, people are looking for other options but as they struct for 10-14hrs a day they could not find enough time to search something better.
Regards,
Revathi
From India
Section 66 - Bombay Shops & Establishments Act, 1948: No employer shall dispense with the services of an employee who has been in his continuous employment –
(a) for not less than a year, without giving such person at least thirty days notice in writing, or wages in lieu of such notice;
(b) for less than a year but more than three months, without giving such person at least fourteen days notice in writing, or wages in lieu of such notice;
Provided that such notice shall not be necessary where the services of such employees are dispensed with for misconduct –
(a) absence from service without notice in writing or without sufficient reasons for seven days or more;
(b) going on or abetting a strike in contravention of any law for the time being in force; and
(c) causing damage to the property of his employer
Note: Termination of an employee without notice is bad in law and therefore workman entitled to reinstatement and continuity of service with back wages (N L Mehta Cinema Ent. Pvt Ltd v. Vijay G Shivgan & Ors 1988 I CLR 416 Bombay High Court)Section 52(f) - Bombay Shops & Establishments Act, 1948: If any establishment there is any contravention of any section, rule or order for which no specific punishment is provided in this Act, the employer and manager shall, on conviction, each be punished for each offence with fine which shall not be less than one thousand rupees and which may extend to five thousand rupees
Section 2(50) - Industrial Disputes Act, 1947: Dismissal, etc., of an individual workman to be deemed to be an industrial dispute. Where any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute.
Thanks & regard
Sayed Iqbal
Excel Consultancy Services
Email:support@excelconsultancyservices.co.in
From India, Mumbai
(a) for not less than a year, without giving such person at least thirty days notice in writing, or wages in lieu of such notice;
(b) for less than a year but more than three months, without giving such person at least fourteen days notice in writing, or wages in lieu of such notice;
Provided that such notice shall not be necessary where the services of such employees are dispensed with for misconduct –
(a) absence from service without notice in writing or without sufficient reasons for seven days or more;
(b) going on or abetting a strike in contravention of any law for the time being in force; and
(c) causing damage to the property of his employer
Note: Termination of an employee without notice is bad in law and therefore workman entitled to reinstatement and continuity of service with back wages (N L Mehta Cinema Ent. Pvt Ltd v. Vijay G Shivgan & Ors 1988 I CLR 416 Bombay High Court)Section 52(f) - Bombay Shops & Establishments Act, 1948: If any establishment there is any contravention of any section, rule or order for which no specific punishment is provided in this Act, the employer and manager shall, on conviction, each be punished for each offence with fine which shall not be less than one thousand rupees and which may extend to five thousand rupees
Section 2(50) - Industrial Disputes Act, 1947: Dismissal, etc., of an individual workman to be deemed to be an industrial dispute. Where any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute.
Thanks & regard
Sayed Iqbal
Excel Consultancy Services
Email:support@excelconsultancyservices.co.in
From India, Mumbai
Hi Revathi
Section 66 - Bombay Shops & Establishments Act, 1948: No employer shall dispense with the services of an employee who has been in his continuous employment –
(a) for not less than a year, without giving such person at least thirty days notice in writing, or wages in lieu of such notice;
(b) for less than a year but more than three months, without giving such person at least fourteen days notice in writing, or wages in lieu of such notice;
Provided that such notice shall not be necessary where the services of such employees are dispensed with for misconduct –
(a) absence from service without notice in writing or without sufficient reasons for seven days or more;
(b) going on or abetting a strike in contravention of any law for the time being in force; and
(c) causing damage to the property of his employer
Note: Termination of an employee without notice is bad in law and therefore workman entitled to reinstatement and continuity of service with back wages (N L Mehta Cinema Ent. Pvt Ltd v. Vijay G Shivgan & Ors 1988 I CLR 416 Bombay High Court)
Section 52(f) - Bombay Shops & Establishments Act, 1948: If any establishment there is any contravention of any section, rule or order for which no specific punishment is provided in this Act, the employer and manager shall, on conviction, each be punished for each offence with fine which shall not be less than one thousand rupees and which may extend to five thousand rupees
Section 2(50) - Industrial Disputes Act, 1947: Dismissal, etc., of an individual workman to be deemed to be an industrial dispute. Where any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute.
Thanks & regard
Sayed Iqbal
Excel Consultancy Services
Email:support@excelconsultancyservices.co.in
From India, Mumbai
Section 66 - Bombay Shops & Establishments Act, 1948: No employer shall dispense with the services of an employee who has been in his continuous employment –
(a) for not less than a year, without giving such person at least thirty days notice in writing, or wages in lieu of such notice;
(b) for less than a year but more than three months, without giving such person at least fourteen days notice in writing, or wages in lieu of such notice;
Provided that such notice shall not be necessary where the services of such employees are dispensed with for misconduct –
(a) absence from service without notice in writing or without sufficient reasons for seven days or more;
(b) going on or abetting a strike in contravention of any law for the time being in force; and
(c) causing damage to the property of his employer
Note: Termination of an employee without notice is bad in law and therefore workman entitled to reinstatement and continuity of service with back wages (N L Mehta Cinema Ent. Pvt Ltd v. Vijay G Shivgan & Ors 1988 I CLR 416 Bombay High Court)
Section 52(f) - Bombay Shops & Establishments Act, 1948: If any establishment there is any contravention of any section, rule or order for which no specific punishment is provided in this Act, the employer and manager shall, on conviction, each be punished for each offence with fine which shall not be less than one thousand rupees and which may extend to five thousand rupees
Section 2(50) - Industrial Disputes Act, 1947: Dismissal, etc., of an individual workman to be deemed to be an industrial dispute. Where any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute.
Thanks & regard
Sayed Iqbal
Excel Consultancy Services
Email:support@excelconsultancyservices.co.in
From India, Mumbai
Thanks Shyed For giving the details.
How can an employee show that no Domestic Enquiry for any misconduct has been taken so far ?
Or
How the emplyees can prove that it is just on the wish of the employeer to terminate the employee whom the employer finds not giving the desired output. ?
Regards,
Revathi
From India
How can an employee show that no Domestic Enquiry for any misconduct has been taken so far ?
Or
How the emplyees can prove that it is just on the wish of the employeer to terminate the employee whom the employer finds not giving the desired output. ?
Regards,
Revathi
From India
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