Hello,
I am an HR professional in a company. I have a query below. Can someone guide me?
If we terminate a company supervisor instantly for his misbehavior with workers, and he files a case in the labor court, is he eligible to file the case?
Thanks,
Parul
HR
From India, Vadodara
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8I am an HR professional in a company. I have a query below. Can someone guide me?
If we terminate a company supervisor instantly for his misbehavior with workers, and he files a case in the labor court, is he eligible to file the case?
Thanks,
Parul
HR
From India, Vadodara
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Dear Friend,
Here, you did not mention the status of the supervisor, i.e., regular/contract/trainee/probationer, etc. Moreover, you did not specify the nature of the misconduct. How can we conclude whether the particular act of the supervisor constitutes misconduct or not? If so, can it be justified for termination or not?
If the status of your supervisor is trainee/probationer/contract, then you can simply terminate his services, quoting the act of misconduct committed by him and invoking the relevant clause of the appointment order issued to him, if the provision is there.
On the other hand, if he is a regular employee, the procedure for the issue of a charge sheet, holding an inquiry, issuing a final show-cause notice, and a dismissal order, etc., is necessary as per the principles of natural justice.
Regards,
NVRao
Naidupeta
From India, Nellore
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Here, you did not mention the status of the supervisor, i.e., regular/contract/trainee/probationer, etc. Moreover, you did not specify the nature of the misconduct. How can we conclude whether the particular act of the supervisor constitutes misconduct or not? If so, can it be justified for termination or not?
If the status of your supervisor is trainee/probationer/contract, then you can simply terminate his services, quoting the act of misconduct committed by him and invoking the relevant clause of the appointment order issued to him, if the provision is there.
On the other hand, if he is a regular employee, the procedure for the issue of a charge sheet, holding an inquiry, issuing a final show-cause notice, and a dismissal order, etc., is necessary as per the principles of natural justice.
Regards,
NVRao
Naidupeta
From India, Nellore
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Dear Parul,
Your query is whether a supervisor can file a case against his dismissal in the Labour Court. The answer to this question depends on the nature of work done by him and his monthly wages. If you furnish this information, I will probably be able to form my view on this issue.
With regards
From India, Madras
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Your query is whether a supervisor can file a case against his dismissal in the Labour Court. The answer to this question depends on the nature of work done by him and his monthly wages. If you furnish this information, I will probably be able to form my view on this issue.
With regards
From India, Madras
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Hi Parul,
I have been working at a company since September 2011 as an HR professional. On 8th November, I was on my way to meet a lawyer to discuss a labor case when I had an accident on the highway opposite my office involving a car. I sustained a minor fracture in my legs along with other injuries. Two days later, I received a termination letter and email from my company citing irregularity as the reason. I was still in my probation period of six months and had taken 4 to 5 leaves in the past two months for valid reasons. Since the accident on the 8th, I have been following the doctor's advice to rest in bed as I am unable to walk.
I am seeking guidance on what steps I should take in this situation. Please advise at your earliest convenience.
Regards,
Parul
From India, Vadodara
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I have been working at a company since September 2011 as an HR professional. On 8th November, I was on my way to meet a lawyer to discuss a labor case when I had an accident on the highway opposite my office involving a car. I sustained a minor fracture in my legs along with other injuries. Two days later, I received a termination letter and email from my company citing irregularity as the reason. I was still in my probation period of six months and had taken 4 to 5 leaves in the past two months for valid reasons. Since the accident on the 8th, I have been following the doctor's advice to rest in bed as I am unable to walk.
I am seeking guidance on what steps I should take in this situation. Please advise at your earliest convenience.
Regards,
Parul
From India, Vadodara
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If the supervisor is doing manual nature of work with no responsible decision-making powers, he can be classified as a workman, and the labor court has the jurisdiction to try his case. However, if he is performing managerial duties such as signing gate passes, sanctioning leaves, or receiving materials, he may not be considered a workman.
From India, Pune
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From India, Pune
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During the probation period, an employee can be terminated without assigning any cause. Therefore, your termination is valid. However, the fault made by the management is that they have shown a "cause" for the termination, which is "irregular in duty," and on that ground, you can file a suit against the employer.
Regards, Madhu.T.K
From India, Kannur
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Regards, Madhu.T.K
From India, Kannur
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Thank you for the reply.
I had an accident on the 8th of November, and I have been on leave since then. Can all these leaves be considered as paid leave since it was a job-related accident? They sent me a termination letter on the 12th via email. I received a hard copy via courier as well, but I sent it back.
I am at the stage of starting my career in HR, approximately 1.8 months after finishing my MBA. I don't want to jeopardize my career.
I am planning to go to my office on the 21st of November. How should I react? I don't want to rejoin the company, but I also don't want the termination. Can I ask them to withdraw the termination? If they agree to this, I am willing to resign.
Please suggest as soon as possible because I only have two days left.
Thank you & Regards,
Parul
From India, Vadodara
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I had an accident on the 8th of November, and I have been on leave since then. Can all these leaves be considered as paid leave since it was a job-related accident? They sent me a termination letter on the 12th via email. I received a hard copy via courier as well, but I sent it back.
I am at the stage of starting my career in HR, approximately 1.8 months after finishing my MBA. I don't want to jeopardize my career.
I am planning to go to my office on the 21st of November. How should I react? I don't want to rejoin the company, but I also don't want the termination. Can I ask them to withdraw the termination? If they agree to this, I am willing to resign.
Please suggest as soon as possible because I only have two days left.
Thank you & Regards,
Parul
From India, Vadodara
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Dear Parul,
In your pursuit of establishing your career in Human Resources, it is advisable to take the middle path. Before visiting the office, it is prudent to schedule an appointment with the Head of HR or the CEO to prevent any potential disappointments. Additionally, it might be a good idea for you to start exploring new job opportunities.
Wishing you all the best.
From India, Gurgaon
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In your pursuit of establishing your career in Human Resources, it is advisable to take the middle path. Before visiting the office, it is prudent to schedule an appointment with the Head of HR or the CEO to prevent any potential disappointments. Additionally, it might be a good idea for you to start exploring new job opportunities.
Wishing you all the best.
From India, Gurgaon
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Dear Parul,
What has happened with you is unfair in the first instance, but they might also have some reasons for the same. Anyone cannot answer any question without knowing the facts. On one hand, you have lost the job, but on the other hand, they have also lost an employee whom they hired after exercising the recruitment process. It is better to go there personally and discuss all the relevant points with the concerned individuals and try to convince them that the absences you had were for valid reasons. You might be able to find the answer.
Hope for the best.
From India, Gurgaon
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What has happened with you is unfair in the first instance, but they might also have some reasons for the same. Anyone cannot answer any question without knowing the facts. On one hand, you have lost the job, but on the other hand, they have also lost an employee whom they hired after exercising the recruitment process. It is better to go there personally and discuss all the relevant points with the concerned individuals and try to convince them that the absences you had were for valid reasons. You might be able to find the answer.
Hope for the best.
From India, Gurgaon
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An accident that happened while on duty is to be treated as an employment injury. An ESI-covered employee is certainly eligible to get leave and medical benefits from the ESIC. At the same time, an employee not covered by ESI will be eligible to be compensated in full from the employer for the medical expenses incurred by him as per the Employees' Compensation Act. This shall include leave with wages until the date of recovery and until he is fit to resume duty. Any action by the employer terminating the service of that employee is unjust and unfair.
It may be advisable to seek another job as your current establishment may not be a conducive place to work. It would also be beneficial to meet with the employer and discuss a settlement where you voluntarily submit your resignation and get relieved instead of facing termination. I do not believe the employer will be adamant in issuing a termination order. However, if they do, you may have no other choice but to 'educate' them on the moral responsibility of any employer to care for an employee who has had an accident while on duty. It is unfair to terminate the employee out of fear of bearing the burden of medical expenses. You may refer to my previous post where I mentioned that the termination clause in probation service should not allow termination without following the principles of natural justice and without providing the employee with an opportunity to refute any alleged charges of 'irregularity in work.'
Regards,
Madhu.T.K
From India, Kannur
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It may be advisable to seek another job as your current establishment may not be a conducive place to work. It would also be beneficial to meet with the employer and discuss a settlement where you voluntarily submit your resignation and get relieved instead of facing termination. I do not believe the employer will be adamant in issuing a termination order. However, if they do, you may have no other choice but to 'educate' them on the moral responsibility of any employer to care for an employee who has had an accident while on duty. It is unfair to terminate the employee out of fear of bearing the burden of medical expenses. You may refer to my previous post where I mentioned that the termination clause in probation service should not allow termination without following the principles of natural justice and without providing the employee with an opportunity to refute any alleged charges of 'irregularity in work.'
Regards,
Madhu.T.K
From India, Kannur
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Respected seniors,
I have been asked by the HR department to search for a job as termination is expected to happen after one month. Management is willing to pay one month's salary for the notice period. It has been indicated that there is no suitable position available within the company and they are unable to accommodate.
Please advise me on this situation. What should I do?
From India, Mumbai
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I have been asked by the HR department to search for a job as termination is expected to happen after one month. Management is willing to pay one month's salary for the notice period. It has been indicated that there is no suitable position available within the company and they are unable to accommodate.
Please advise me on this situation. What should I do?
From India, Mumbai
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If you come under the workmen category and you have been working in the establishment for at least one year with the company, your termination will attract 25F/25N of the Industrial Disputes Act. If so, the company should follow the procedure explained in the Act. Compensation of one month's salary is already available, but what is required is to pay compensation at the rate of fifteen days' salary per year of service. In case your establishment employs more than 100 employees, then the notice pay (like one month's salary offered) shall become three months' salary.
On the other hand, if you have been appointed in a managerial/supervisory position, you can accept what is offered and get relieved as per the terms of appointment.
Regards,
Madhu.T.K
From India, Kannur
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On the other hand, if you have been appointed in a managerial/supervisory position, you can accept what is offered and get relieved as per the terms of appointment.
Regards,
Madhu.T.K
From India, Kannur
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Termination from Employment.pdf
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