Salary issue due to misbehaviour
Vikas Sharma
(Querist) 20 August 2014
This query is : Resolved
Hi ,
One of my friend was terminated from his job due to some misbehavior and his salary on hold, should we take help of Labour ACT
And in this case any provision of getting three month salary due to (on the spot) termination. Please response ASAP
Kumar Doab
(Expert) 20 August 2014
You could have stated the reason as 'Misbehavior' in other thread initiated by you at:
http://www.lawyersclubindia.com/experts/Salary-issue--489331.asp#.U_SPCMWSwb8
There the reason posted by you was 'Worked not properly'............
If termination is due to proven misconduct the company may not tender even notice pay.
You should contact a Labor Consultant/Service Lawyer in person with all docs on record and understand merits from your lawyer.
Vikas Sharma
(Querist) 20 August 2014
SIR, Both are the different case ,
In misbehavior case, should salary receive.?
Kumar Doab
(Expert) 20 August 2014
Proven misbehavior is misconduct and if terminated due to proven misconduct company may not tender even notice pay.
If you want to agitate consul your labor consultant/service lawyer in person understand the merits and proceed under expert advice of your lawyer.
How are you connected with both cases?
Vikas Sharma
(Querist) 20 August 2014
SIR , ONE IS MY BROTHER CASE
AND SECOND ONE IS MY FRIEND CASE
Kumar Doab
(Expert) 21 August 2014
What is this establishment: Industrial, Commercial, Small Enterprise? The registration certificate should have been displayed near entrance or you have to find out on your own.
Does the company have its certified standing orders or Model Standing orders shall apply?
You may go thru; Model Standing Orders: Sec: 13, 14
THE INDUSTRIAL DISPUTES ACT, 1947 : Sec:2 Def: (oo).."retrenchment means…………
These should be available on Dept. of Labor website of your state or you can search google……….
How many people are employed in it?
The employee was located in which state? Did the company have an office at employee’s location?
The employee was under probation or confirmed and for how long he has been working?
The Redg. office, HO of the company is located in which state?
What was the designation and nature of duties of employee?
Is the employee member of any employee’s/trade unions?
Is there any ‘Work’s Committee’/Grievance Redressal Committee in the company?
Has the company leveled any charge in writing and Did the company conduct any inquiry and provide opportunity of natural justice to employee?
Did the employee defended himself?
Is there any evidence of Misconduct with the company and also does the employee have evidence/witness for not having caused misconduct?
“workman could not be punished for an act or omission which was not described as a misconduct in the standing orders”
The employee can approach:
--Employee’s unions, Trade Unions..
--Inspector under (name of the state) Shops and Commercial Establishments Act :::: If the company is covered under this enactment….
--O/o Labor Commissioner thru unions, in person, thru his labor consultant/service lawyer………
And claim retrenchment compensation……………….and prove it too.
Needless to mention company may deny and justify the termination due to misconduct.
It is reiterated that the employee should consult labor consultant/service lawyer in person, provide the infor as mentioned above, show all docs on record, understand the merits and proceed under expert advice of the lawyer.
http://www.lawyersclubindia.com/experts/Salary-issue--489331.asp#.U_S4V8WSwb9
“he is not done his work properly” is very vague reason………………..
The company might have issued stinkers, notices, show cause notice etc………………..and if not this shall be in favor of employee.
As explained in other thread initiated by you……………… Has the company leveled any charge in writing and provide opportunity of natural justice to employee and has it stated the reason in termination order?
If the employee agitates in any forum the company shall come out with its logics and try to justify its action.
It is reiterated that the employee should consult labor consultant/service lawyer in person, provide the info as mentioned in other thread, show all docs on record, understand the merits and proceed under expert advice of the lawyer.
