Pls guide me.
I work in a MNC,
I am looking overall administration of the company.
5 of in our labours are not good people. always try to confuse labour about the company,bonus,leave etc.
Always try to make some issue for anything.
From last few months, They have started doing "DADAGIRI" in units, not work,play games on the machine etc. when supervisor tell them , do work properly, your production is not coming right. they tell, we can do like this only. we have completed three in this company. NoBody Dare to Fire Us. Always tell we will go in court if you fire us.
One time, supervisor was unable to handle them, he send them to me.
I scold them, and tell if the complain come next time, I will not keep you in my company.
then Again after two month, One evening - supervisor come and tell, they are not working and telling everybody work small, company cann't fire us.
They again I scold them and tell them not to come from tommrow.
Next day they come, I have paid them their salary, till date bonus, till date Leave Encashment etc. they received the money and signed the payment voucher and tell us ok we will not come again. 3 of Them, told me , get the fill PF Withdrawl form, we would not like to come again for this. I filled the pf withdrawl form, and keep the photostate of the forms after their signed.
In My company, we don't have HR dept. so no knowledge about Appointment letter and Resignation letter.
Now they all 5 mix outside, and went to labour cort that they have been fired from the company forcefully. the labour ministry sent me a appoinment date and time, come there and solve the problum.
I don't want to keep them. They all are very abusive persons and make unhealthy enviroment in my company.
now tell me what to do ?
what to tell cort ?
If cort force me , keep them again, but I don't want to.
Pls help me. what to do.
Pawan
From India, Rajkot
10I work in a MNC,
I am looking overall administration of the company.
5 of in our labours are not good people. always try to confuse labour about the company,bonus,leave etc.
Always try to make some issue for anything.
From last few months, They have started doing "DADAGIRI" in units, not work,play games on the machine etc. when supervisor tell them , do work properly, your production is not coming right. they tell, we can do like this only. we have completed three in this company. NoBody Dare to Fire Us. Always tell we will go in court if you fire us.
One time, supervisor was unable to handle them, he send them to me.
I scold them, and tell if the complain come next time, I will not keep you in my company.
then Again after two month, One evening - supervisor come and tell, they are not working and telling everybody work small, company cann't fire us.
They again I scold them and tell them not to come from tommrow.
Next day they come, I have paid them their salary, till date bonus, till date Leave Encashment etc. they received the money and signed the payment voucher and tell us ok we will not come again. 3 of Them, told me , get the fill PF Withdrawl form, we would not like to come again for this. I filled the pf withdrawl form, and keep the photostate of the forms after their signed.
In My company, we don't have HR dept. so no knowledge about Appointment letter and Resignation letter.
Now they all 5 mix outside, and went to labour cort that they have been fired from the company forcefully. the labour ministry sent me a appoinment date and time, come there and solve the problum.
I don't want to keep them. They all are very abusive persons and make unhealthy enviroment in my company.
now tell me what to do ?
what to tell cort ?
If cort force me , keep them again, but I don't want to.
Pls help me. what to do.
Pawan
From India, Rajkot
Tommorw is the date so I am going there and will ask the copy of complain and ask 10 days for reply.
From India, Rajkot
From India, Rajkot
First of all I do not understand how could this issues till the court..... Anyways, nothing to worry much, prepare a draft and present it in the court as defense and clearly mention that they are the disciplinary actions and try to accumulate the evidences, present all at once and request the court not to waste its time dealing further with the case. Also mention that they have voluntarily singed all the documents pertaining to resignation and final formalities. also produce the evidences regarding the warning given before to set right their behaviour, if possible in written form ...... once it's already in the court you can not take any action but to fight for the justice......... you may also include the counter charges against them due to which the company has undergone the work deficiency and production losses and mal affect on work environment and demand damages for the same if you are strong enough to deal with the case....... you do include the legal department in your company who at the same capable of handling the labour and employment issues and regular formalities..... you must always conduct the regular seminars on legal implication and labour laws, employee related statutory implementations, and about the company policies...... These sessions counter with the rumours of such undisciplined employees and during which you may instruct the employees also get to know there issues and solutions when it gets interactive............ conducting it every month or once in three months is always better for the peaceful environment of the company....
Wish you success.......
From India, Bangalore
Wish you success.......
From India, Bangalore
Dear pawan,
If yours company have a legal consultant or lawyer than discuss with him that what will you do ???
Otherwise hire a lawyer because you are not deal with this matter so perfectly.In court,when you deal with opposite layer than you have strong tool in your hand.
Hope you will understand what m saying ...............
Regards
dev
From India, Ludhiana
If yours company have a legal consultant or lawyer than discuss with him that what will you do ???
Otherwise hire a lawyer because you are not deal with this matter so perfectly.In court,when you deal with opposite layer than you have strong tool in your hand.
Hope you will understand what m saying ...............
Regards
dev
From India, Ludhiana
dear mr pawan,
Your problem is very common in industry. But you made the mistake of terminating them without holding a domestic enquiry. You should have collected all the reports from supervisors from time to time, built a record against the 5 workmen, and issued all of them a chargesheet. However, now you have no other option but to reinstate them and immediately start the disciplinary process. After the misconducts are proved in the enquiry, then you can issue dismissal orders to them as per the provisions of law.
From India, Pune
Your problem is very common in industry. But you made the mistake of terminating them without holding a domestic enquiry. You should have collected all the reports from supervisors from time to time, built a record against the 5 workmen, and issued all of them a chargesheet. However, now you have no other option but to reinstate them and immediately start the disciplinary process. After the misconducts are proved in the enquiry, then you can issue dismissal orders to them as per the provisions of law.
From India, Pune
THANKS TO ALL FOR REPLY AND IMPORTANT GUIDENCES.
this metter in labor cort right now.
Today I went there and ask for the complain copy and took for next week.
I have appointed a Good and Experienced Lawyer, he looking after this.
From India, Rajkot
this metter in labor cort right now.
Today I went there and ask for the complain copy and took for next week.
I have appointed a Good and Experienced Lawyer, he looking after this.
From India, Rajkot
Dear Pawan,
In case you want an HR Advisor on a retainer basis, I offer my expertise to you. I am based in Bhiwadi (Rajasthan) and have been consistently busy with on line HR Consulting.
In case you are interested, please feel free to call/contact me anytime.
Best Wishes,
Vasant Nair
Mob: 09667200654
Email:
From India, Mumbai
In case you want an HR Advisor on a retainer basis, I offer my expertise to you. I am based in Bhiwadi (Rajasthan) and have been consistently busy with on line HR Consulting.
In case you are interested, please feel free to call/contact me anytime.
Best Wishes,
Vasant Nair
Mob: 09667200654
Email:
From India, Mumbai
Dear Pawan
you did not deal with the issue in a fool proof manner, therefore engage a lawyer or a consultant who can draft aproper reply an dhandle the case legally in the court.How they wnet to the court, they must have raised the dispute before the Labour Commissioner.Check all this.
B.Saikumar
HR & Labour Law advsior
Mumbai
From India, Mumbai
you did not deal with the issue in a fool proof manner, therefore engage a lawyer or a consultant who can draft aproper reply an dhandle the case legally in the court.How they wnet to the court, they must have raised the dispute before the Labour Commissioner.Check all this.
B.Saikumar
HR & Labour Law advsior
Mumbai
From India, Mumbai
Dear Pawan
The narration of your case is incomplete. It appears that you have terminated the services of these five employees without holding domestic enquiry which may be illegal. unlawful and unjustified.The ID Act provides for unfair labour practice on the part of employer as well as union & workman. The termination of services of these five workmen would not be upheld and Labour Court may order reinstatement with back wages and continuity of services. Please take advice from lawyer.
Avinash Kanoray
HR Consultant
From India, Pune
The narration of your case is incomplete. It appears that you have terminated the services of these five employees without holding domestic enquiry which may be illegal. unlawful and unjustified.The ID Act provides for unfair labour practice on the part of employer as well as union & workman. The termination of services of these five workmen would not be upheld and Labour Court may order reinstatement with back wages and continuity of services. Please take advice from lawyer.
Avinash Kanoray
HR Consultant
From India, Pune
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