Employee rights against termination from service


Respected Sir,

 

I have one query for termination of employement.

In 2011 one of my friend got terminated from the company by his manager due to unknown reason. When he met with HR director & raised his concerns then HR director has  surpressed the issue and relieved him with one month salary.

Now I have gone through few articles and got some information about employee rights against termination of service without notice. Shall now he file a case against the company.

Please advice.

Thanks!!

 

 

 
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FIN

You want to contest after almost 5 years?

While posting such queries post the basic information e.g;
 

What is this establishment; Commercial/Industrial?


What is its line of business?


What was your designation and nature of duties?



You were located in which state?


The Redg.,reporting,HO was in which state?

What was last drawn salary?

Was any reason mentioned in termination order?

 

Was any stinker, memo, show cause notice issued and/or any domestic inquiry conducted and opportunity of natural justice provided?

 

Was ever any issue of misconduct, under perfromance commnicated?

Did you minute the meeting with HR?

Did you protest termination in writing?

 

 
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Dy Director

you have not even disclosed what type or organisation is this.

 
Reply   
 

Respected Sir,

I have one query for termination of employement and my Rights against Employeer.

I am working with M/s Hythro Power Corporation Ltd, Gurgaon from 15th March 2010 as a Asst. Manager. Now due to financial crisis today Employeer will send a mail with a notice period of 1 month to releive from services with a reason no more work for me but he didn't mentioned any  about the salary and other dues (FNF). As a past experience with other employee, Employeer is not giveing the FNF at all. Now I want to know my rights and how I can move forward strongly to get my FNF. Whom to contact for my benifits.

Please advice.

Thanks!!

 
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Dy Director

you are still hiding fact whether it is PSU or privatge organisation.

 
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Labour Law Advocate

The labour laws of India prescribes a method for termination of services. In case of misconduct, you have to be issued charge sheet, hold a domestic enquiry and then as per the report of enquiry, punishment can be awarded. Depending on the nature of employment, nature of employer, period of service etc. a claim can be filed. 

However, as per Section 2A(2) of the Industrial Disputes Act, you cannot raise any dispute now in 2016 due to time limitation. The said section gives a time limitation of 3 years for raising the dispute which is now over. 

For more information, you can alternative check my labour law blog.

 
Reply   
 
FIN

@ Amit Mishra,

The apex court laid down the there is no celing on approaching the tribunal.

However the tribunal shall decide on merits.

You may approach an able counsel with all docs on record and give inputs and get  a considered opinion on merits and options.

 

 
Reply   
 
FIN

@ Anil Kumar,

 

The financial crisis may be mentioned so as to claim there is no money to pay!

However there are rules and laws for closure, restructuring, lay off, retrenchment!

 

You have not posted the basic information that is required.

 

You may approach an able counsel specialzing in labor-service matters with all docs on record and give inputs and get  a considered opinion on merits and options.

You may also carry standing orders (model-certified), service rules and regulations applicable to establishment and your designation.

 

Your counsel may ask you structured questions and opine which enactment shall apply to your office/div/dept/establishment and that whether you are covered by the def. of 'Workman' as in ID Act, 'Employee' as in Shops and Estbs Act.

 

Ideally in case of termination the employer should supply the service certificate, relieving letter,FnF statement/dues on LWD.

You may download the proof of attendance,NO Tasks pending, NOC/NDC,handover/submission of charge and assets etc.

 

 

 
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