Hi, could any one guide me, if the employer takes the performance issues as a base to lay off employee, what possibilities are to get the compensation in labour court.

Can the employee be able to again get his job..

Thanks

Ranjeet

Hi Ranjeet,

Well, I am facing  a similar situation myself. I am not a lawyer, but from whatever I have read if your work qualifies you as a 'worker' meaning that your work is at the execution level and not at a managerial level, then as per the industrial disputes act you can sue them in the labour court. 'Termination' can also qualify as an industrial dispute and if the court finds you innocent of the charges, i.e. performance then they can order your reinstatement. I would suggest you try and get a good and fair settlement from the company and if the negotiation fails you can go to the labour court. Since I am not a lawyer, better you take expert legal advice too and then decide your course of action. 

Cheers, and good luck!

Ranjeet,

I think your employer set to close down its establishment due to temporary reasons. He should have obtained permission under ID act for its temporary closure and your employer has to pay half salary to you during lay-off period. Better you lodge a complaint immedietly to 'Labour Commissioner' of your region for your employer proposed action. So, during pendency of your matter before Labour commissioner some restriction upon your employer to take any action against you. You can be reinstated at the time of your establishment would functioning in future.

Regards.

Sushil

Ranjeet,

Pl. find enclosed herewith 'Industrial Dispute Act.1947' guide for your perusal.

Thanks

Sushil

Dear Ranjeet, 

Once again I am sending herewith 'Industrial Dispute Act 1947' for your reference.

Regards,

Sushil

If the employee has never received performance related warning any time from the management during the period under observance, he has a bright chance to win the case against the management, as the employee has never been provided any chance to improve his performance by bringing the deficiency on his part..

Has the employer stated in the appointment letter what performance is expected from employee or performance parameters and has the employer used terms like KRA's etc.......and has it mentioned if performance is not satisfactory service can be terminated?

Is the fall or shortfall in performance uniform and universal in the company across all employees in branch/office, area, region, zone, pan India? What are the reasons for less/low performance? Has the employer ever issued any communication, email, circular, tracker, stinker, warning, show cause notice etc?

Has the line management ever attempted to support, pitch in, provided some tailor made strategies, refined plans, inputs, budget, promotional inputs, managerial support, value addition, training, new products in line with changing market scenario, competition etc…? Is the company and its products are competitive and do they provide some value addition, worth the money of the customer?

Has the company ever conducted some PMP?

What is the expectation from employee: formulation of strategies or just implementation of strategies? It is said there is a big slump across all trades now a days. In some trades the companies want only few employees with vintage and such employees are those who have mastered the art of selling comb to a baldie and are all weather men otherwise employers want fresh blood/son of the soil/ personnel from different trades e.g. Insurance companies, Private Banks which sell everything under one roof,  as new entrants shall bring their social circle and family relation with them and they would not be knowing the nuisances of tricks applied by companies and by the time they are aware they would have good for nothing products of these companies to all of their contacts and when they have exhausted their contacts they easily fall  prey to the tactics applied by these companies and end up loosing the job without any fight.

If the employee in question is in Pharma sector he/she can approach his/her trade union and “Sales Promotion Employee Act” is there along with ID Act. If it is Bank/Insurance company SE Act, ID Act are there or employee can approach civil suite.

Until or unless performance is utterly poor and employee has committed some blunder, there shall be some relief for the employee. It shall be appropriate to build favorable record, evidence, and retain copies and approach a competent and experienced labor consultant/service lawyer.