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Raj (fr)     27 February 2013

A security officer job protection

A security person job has been terminated after completion of the 6 months probation that his work was unsatisfactory.and offered no benefits.Offer letter has the clause that after successful completion of probation he will be confirmed.

How he can be saved or helped in industrial dispute act.

Rgds,

Raj



Learning

 6 Replies

Sudhir Kumar, Advocate (Advocate)     01 March 2013

atleast you should disclosed whether employer is govt or private.

Raj (fr)     01 March 2013

it is of a private company sir.

Sudhir Kumar, Advocate (Advocate)     02 March 2013

must haved been given some warning etc

Marswin Business solutions   23 July 2015

Dear sir, There are many Benefit and subsidy is given by government for the SMEfirm which Registered under MSME (Micro Small Medium Enterprises) to registerd with msme please call us 09930962213 Mumbai

Marswin Business solutions   23 July 2015

Dear sir, There are many Benefit and subsidy is given by government for the SMEfirm which Registered under MSME (Micro Small Medium Enterprises) to registerd with msme please call us 09930962213 Mumbai

Kumar Doab (FIN)     24 July 2015

 

You have posted that:

 

---“A security person job has been terminated after completion of the 6 months probation that his work was unsatisfactory.and offered no benefits.Offer letter has the clause that after successful completion of probation he will be confirmed.

How he can be saved or helped in industrial dispute act.“

 

---In the title of your query you have mentioned that:

A security officer job protection

 

First of all you may determine the affected person is Security Officer or Security Guard/person?

Then you can lead to determine the affected employee is covered by the def. of ‘Workman’ as in ID Act, and ‘Employee’ as in ( name of the state) Shops & Estbs Act or not?

Many states have enacted enactments for Security personnel.

You may check if your state has it.

 If Standing Orders apply to the establishment and standing orders are not certified then Model Standing orders shall apply and if affected employee is covered by the def. of ‘Workman’ as in ID Act and as a result by Model Standing orders then the probation Period may be 3 months…………and Model Standing orders being statue will prevail upon any private agreement that is drafted by employer and signed with employee…………

 

If you have posted the precise language from offer/appointment letter then after 6 months the service of employee may deem to have been confirmed……………..and termination order may be bad and may even be retrenchment………….

 

There are many Security employee's/Trade Unions that have done good job and can render support to you.



You can always consult an able Labor Law Consultant/Service Matters Lawyer/Law Firm dealing in labor-service matters.


You may discuss with elders of your family too.


Your counsels may ask you a set of structured questions and may opine that you shall be covered by the def. of 'Employee' as in (Name of your state) Shops and Commercial establishments Act, 'Workman' as in ID Act, and opine that you can raise a dispute NOW also and approach:


---Inspector appointed under (Name of your state) Shops and Commercial establishments Act,

Payment of Wages Act (within 1year), enactment for security personnel……….



---O/O Labor Commissioner


---Higher Officials of Dept. of Labor in your state

---Civil Court


---Employee's/Trade Unions

 

---file complaint u/s406,420

--file for winding up petition as unpaid wages/promised payouts are debt on employer……………………………………..and there is not limitation on claim of payment of wages by workman.

Your counsels can draft your representations.

 

 

 

 


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