Hi HR seniors, can someone help me?
Tell me if a worker can file a case against an employer in the labor court and the case runs for 2 years. What amount of compensation will be given by the employer? Will he pay half of the basic for the whole period (from the termination day to the last case date) or anything else?
From India, Delhi
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5Tell me if a worker can file a case against an employer in the labor court and the case runs for 2 years. What amount of compensation will be given by the employer? Will he pay half of the basic for the whole period (from the termination day to the last case date) or anything else?
From India, Delhi
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Dear HR seniors,
Firstly, you have not provided the complete details of his termination - how he was terminated, what case he has filed, and what his demands are. The case is currently pending in court, and the court will be the one to decide on the compensation.
Regards,
JS Malik
From India, Delhi
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Firstly, you have not provided the complete details of his termination - how he was terminated, what case he has filed, and what his demands are. The case is currently pending in court, and the court will be the one to decide on the compensation.
Regards,
JS Malik
From India, Delhi
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Respected Sir,
He was terminated due to the employer's ego. There was no warning or notice issued to him. He has filed an illegal termination case in the labor court. His demand is to be reappointed and given two years of compensation.
I want to know only the compensation amount or method.
From India, Delhi
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He was terminated due to the employer's ego. There was no warning or notice issued to him. He has filed an illegal termination case in the labor court. His demand is to be reappointed and given two years of compensation.
I want to know only the compensation amount or method.
From India, Delhi
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Dear Sunil,
Any termination of a workman's services without conducting the proper inquiry procedure (disciplinary action) as laid down in the Standing Orders will be considered retrenchment under the Industrial Disputes Act of 1947. In the case of retrenchment, if compensation at 15 days wages for each completed year of service or part thereof, along with notice pay, is not provided, then the termination will be deemed illegal, and reinstatement with back wages (back wages if the individual remains unemployed) will be the consequence.
Regarding the compensation amount, it is specified as 15 days wages for each completed year of service. In this situation, you will need to discuss and determine the amount with the concerned workman for an amicable settlement of the issue.
SDP
From India, Kolhapur
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Any termination of a workman's services without conducting the proper inquiry procedure (disciplinary action) as laid down in the Standing Orders will be considered retrenchment under the Industrial Disputes Act of 1947. In the case of retrenchment, if compensation at 15 days wages for each completed year of service or part thereof, along with notice pay, is not provided, then the termination will be deemed illegal, and reinstatement with back wages (back wages if the individual remains unemployed) will be the consequence.
Regarding the compensation amount, it is specified as 15 days wages for each completed year of service. In this situation, you will need to discuss and determine the amount with the concerned workman for an amicable settlement of the issue.
SDP
From India, Kolhapur
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