Madhu.T.K
Industrial Relations And Labour Laws
Dmc123
Associate Director Legal
[email protected]
Dy.gm(personnel&admn)
Mnj.tiwari
Service
Parul.rbs
Head-hr

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Hello,
I am hr in one of the company.I have below one query Can someone guide me?
If we terminate company supervisor instant for his misbehavior with workers.In this case if he file case in labour court then is he eligible to file case?
Thanks
Parul
HR

From India, Vadodara
Dear Friend,
Here you did not mention the status of supervisor i.e regular/ contract/ trainee/ probationer etc. More over you did not specify the nature of misconduct. Because how shall we conclude that whether the particular act of supervisor is 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 regular employee, the procedure for issue of charge sheet, holding inquiry, issuing final show cause notice and dismissal order etc is necessary as per the principles of natural justice.
Regards
NVRao
Naidupeta

From India, Nellore
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 also his monthly wages. If you furnish this information probably I will be able to form my view on this issue.
With regards

From India, Madras
Plz Guide Me...
I am working in one of the company since sep,2011 as a HR . on 8th November i was going to meet one of the lawyer to discuss regarding one labour case.while going i had an accident on highway opposite to my office with car.my legs had minor fracture and had other injury too.after two days suddenly i got termination letter and mail from my company.reason is irregularity.i was on probation period for six months and i took 4 to 5 leaves in two months for valid reason.. i am not going to office since 8th as doctor advice me to take bed rest and i am not able to walk also.
Can Someone guide me wt should i do?
Plz advise ASAP
Regards
Parul

From India, Vadodara
If the supervisor is doing manual nature of work with no responsible decision making powers, he can be a workman and the labour court has the jurisdiction to try his case. However if he is performing managerial nature of duties such as signing gatepasses, sanctioning of leaves, receipt of material etc. he may not be held to be a workman.
From India, Pune
During probation period an employee can be terminated without assigning any cause. Therefore, your termination is valid. But the fault made by the management is that they have shown a "cause" for the termination and that is "irregular in duty" and on that ground you can file a suit against the employer.
Regards,
Madhu.T.K

From India, Kannur
Thnx for the reply
I had an accident on 8th nov and i am on leave since 8th till today.can all these all leaves can be paid leave as it was on the job accident?.they send me termination letter on 12th via email.i recvd hard copy too via courier but i sent it back.
I am on the stage of starting my career in hr from around 1.8 months after my mba finished.i dnt want to ruin my career.
i will go to my office on 21st nov11.wt should i react?i dnt want to rejoin company but i dnt want termination too.can i ask them to take termination back?if they will do this then i am ready to resign.
Pllz suggest me asap because i have two days left.
Thnx & Regards
Parul

From India, Vadodara
Dear Parul,
Here you have taken middle way to established your career in Human Resource, you must take appointment with the head hr or CEO prior to visiting the office to avoid any further disappointment. You should start searching a new job.
Hope for the best.

From India, Gurgaon
Dear Parul,
What has happen with you is unfare in first instance, but they also might have some reason for the same, anyone cannot answer any question without knowing the facts. In one hand you have lost the job but in another hand they have also lost an employee which they have hired after excercising recruitment process. It is better to go their personally and discussed all the relavent points with the concerned and try to convince them that the absences you have, has valid reason. You might be able find out the answer.
Hope for the best

From India, Gurgaon
An accident that happened while on duty is to be treated as employment injury. An ESI covered employee is certainly be 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 the medical expenses incurred by him as per Employees Compensation Act. That shall include leave with wages till the date of recovery and he is fit to resume duty. Any action of the employer terminating the service of that employee is beyond justice and unfair.

It is okay that you should search for another job because your present establishment is not a good place to work. It is also good that if you meet the employer and ask for a settlement that you will submit resignation and get relieved despite termination. I don't think that the employer will be so adamant to issue termination order. If so, you have no other way but to 'educate' them saying that it is the moral responsibility of any employer to take care of an employee who meet with an accident while on duty and it is unfair to terminate him on the fear that the burden of medical expenses will be on head. You may also put up what I have already posted earlier that the interpretation of termination clause in probation service is not that you can terminate without following principles of natural justice and without offering the employee any opportunity to prove the alleged charge of 'irregularity in work'.

Regards,

Madhu.T.K

From India, Kannur

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