Dear all
My name is Sudher .working in private organisation where some staff had removed directly without any notice or compensation for company loss, so we want to know we have any right to file case in labour court for direct termination without any notice and as I am aware if any comapny is in loss and there wants to reduce the staff and there must give the three months salary with the settlement...confirm whether my correct let me know
My name is Sudher .working in private organisation where some staff had removed directly without any notice or compensation for company loss, so we want to know we have any right to file case in labour court for direct termination without any notice and as I am aware if any comapny is in loss and there wants to reduce the staff and there must give the three months salary with the settlement...confirm whether my correct let me know
Dear Sudher,
Certainly you can move to Labour Court for the redressal of your grievance if you are 'workman' under Industrial Disputes Act. Labour Office of your area will help in this matter.
As per information provided, some members have been terminated, it means you have been retrenched and as such you are entitled to 'retrenchment compensation' based on length of service in the organisation as per I.D. Act.
Hence, for the purpose, you may engage lawyer or union leader who deals with such matter.
All the best
From India, Panipat
148Certainly you can move to Labour Court for the redressal of your grievance if you are 'workman' under Industrial Disputes Act. Labour Office of your area will help in this matter.
As per information provided, some members have been terminated, it means you have been retrenched and as such you are entitled to 'retrenchment compensation' based on length of service in the organisation as per I.D. Act.
Hence, for the purpose, you may engage lawyer or union leader who deals with such matter.
All the best
From India, Panipat
Thanks for advice and in this case our HR had played a game.she had taken resignation letter of the staff who are removed stating as due personal reasons and there must pay the three months salary on relieve time...so what should to do
Dear Sudhery,
Before filing suit in labour court, it is better if you approach the labour officer of your area. Give a collective representation stating, the HR has taken resignation from your forcibly. On receipt of your application, HR will call both the parties to explain their position. Though verdict of the labour officer is not binding on either party as such, it is important to keep him in loop of all the activities. Do not bypass this redressal mechanism that government of India has created.
Though role of Labour Officer is not to become mediator, still they favour labours and try to bring some compromise.
Thanks,
Dinesh Divekar
From India, Bangalore
Before filing suit in labour court, it is better if you approach the labour officer of your area. Give a collective representation stating, the HR has taken resignation from your forcibly. On receipt of your application, HR will call both the parties to explain their position. Though verdict of the labour officer is not binding on either party as such, it is important to keep him in loop of all the activities. Do not bypass this redressal mechanism that government of India has created.
Though role of Labour Officer is not to become mediator, still they favour labours and try to bring some compromise.
Thanks,
Dinesh Divekar
From India, Bangalore
I fully agree with advice of Shri Dinesh.
Any one can easily make out that resignation of many workers/employees all quoting personal grounds is a smoke screen for termination.
Approaching Labour Officer of the area will have good effect.
Try it out,while looking around for another job.
If a company is in financial trouble,there will be permanent problem about delayed payments etc.
Alternate jobs would be a better solution..
From India, Pune
Any one can easily make out that resignation of many workers/employees all quoting personal grounds is a smoke screen for termination.
Approaching Labour Officer of the area will have good effect.
Try it out,while looking around for another job.
If a company is in financial trouble,there will be permanent problem about delayed payments etc.
Alternate jobs would be a better solution..
From India, Pune
Dear Sudhir,
You can get remedy for your problems
First try to settle the matter amicably and out of the court. Discuss with HR and the Management of your company.
If you won't found any solutions, then we do assist you.
Regards,
Govind Sagar
MSW, LL.B
MPower HR and Labour Law Solutions Bangalore
9036368502
From India, Bangalore
You can get remedy for your problems
First try to settle the matter amicably and out of the court. Discuss with HR and the Management of your company.
If you won't found any solutions, then we do assist you.
Regards,
Govind Sagar
MSW, LL.B
MPower HR and Labour Law Solutions Bangalore
9036368502
From India, Bangalore
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