Industrial Relations And Labour Laws
Labour Law Advocate
Retired Chief - Ir
13th October 2011 From India, Kannur
As rightly mentioned by Mr.Madhu building the file is more imporatant. If you have already communicated to the employee on various occassions & recorded accordingly then you can initiate action.
To avoid any further implications and in the interest of the employee better to obtain the resignation letter from him and relieve by paying one month notice pay and close because he has to work some where and the termination will have lot of impact on his future hence better explain him properly and complete the process. If he refuses to submit his resignation then terminate.
Regards - kamesh
14th October 2011 From India, Hyderabad
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20th April 2016 From India, Kolkata
Please explain me the following:
Suppose some workers are engaged through contractor and they complete 2 years of service. Now the company decides to sack the contractor as per the agreement. The contractor does not have any contract in other organisation.
So, my question is that whether in this situation can the employees of the contractor raise an Industrial Dispute under section 2(a) of ID act. As the contractor can not employ them as he does not have any other organisation. Will the contractor be liable to pay the compensation as per section 25F. Moreover, all the workers have lost their job due to non renewal of the agreement.
Please explain parawise.
20th April 2016 From India, New Delhi
The contractor has to pay the statutory dues like ESI, PF etc. However, in case a contractor fails to pay such dues, then automatically the liability shifts on the shoulder of the principal employer.
But in relation to employment, the employees remain the employees of the contractor and disputes can be raised against the contractor only (although principal employer can be made party) under the ID Act.
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21st April 2016 From India, Kolkata
However, if it is established the supervision and control of these contract workers are by the principal employer and the contract for providing the manpower is only on paper and the contractor just provides the people; it becomes a sham contract and these employees will be deemed to be employees of principal employer and all consequential legal provisions will apply.
B G Ramesh, Hosur.
23rd April 2016 From India, Vellore
I was appointed for the period of one year in a German company as a trainee engineer. Upto completion of one month I was not confirmed about my position. As there two posts for trainees 1)sales coordination 2)sales executive.
after one month I was tested by my manager about my work. But as I was unaware of my exact position, I failed to answer him properly. There after I started concentrating on my real position. As on completion of second month, I received a call that I have been removed as my performance was poor, I was shocked, because they haven't tested me again. and the main thing was no proper training was provided particularly. I want to know is this legal to remove someone.
10th August 2016 From India, Pune
In your case, no such equiry was held and you were terminated directly which makes the entire process invalid. However, since you have completed 1-2 months in the service, there won't be much monetary benefit comparing to the time, legal expenses you have to pay if you decide to go legal.
11th August 2016 From India, Kolkata
Terminating a confirmed employee will take a different turn because it is after considering various factors including performance that he was confirmed in service and therefore, you cannot find him to be a non performer all of a sudden. performance is measured over a period of time and therefore, every analysis should be communicated to the employee so that he can do better. If this is denied, he is deemed to have denied natural justice. During probation, on the other hand, this is not required.
11th August 2016 From India, Kannur
Your query regarding non performer. What type of work is he doing ? Is it manual, clerical, technical etc? What are your Service Manual conditions. If the Standing orders Act applies, then if he is in the category of workman doing aforesaid duties, you need to conduct a domestic enquiry first to prove his non performance. We had conducted one such enquiry where, besides non performance the employee of a software firm was very arrogant, so enquiry was conducted and then dismissal letter was given.
20th August 2016 From India, Pune