tiwari sudhir
21

Dy Manager - HR
Dear All,
Hi,
If one employee give resignation in his organization & he is working under one month notice period & after resigning he given one complain to Labour office that management is not supporting to him so due to frustration i am resigning. If he submit that application to Labour office & 5 to 6 employee are supporting to him in this issue but they are working in the company & Labour office sent one notice to concern organization with support of their complain letter, then;
1. What should company do?
2. Should company entertain to him or wait to complete his notice period.
3. Is company liable to give his complain reply while he is in notice period?
4. Employees who are supporting to him what about them?

From India, Bhopal
tajsateesh
1626

Recruitment/Talent Acquisition, Career counselling & Startup Advisory Services
Hello Sudhir Tiwari,
Pl give more details like--did anyone speak to the concerned employee when he resigned, what are the points this employee & others supporting him referring to [......management is not supporting to him so due to frustration.......], etc. The more info you mention, the better will be the clarity of the responses of the members.
But there's one thing that's NOT clear in your Posting--have you GOT the Labour Dept Notice? Or is this Posting after you got about the employee's plans to complain to the Dept?
Rgds,
TS

From India, Hyderabad
Ankita1001
735

Sr. HR Executive @ Polymerupdate
Hi Sudhir, though you mentioned whole of the issue, certain details are missing. Kindly help with the following details -

Qn 1. When the employee resigned, what was the reason for resigning mentioned?

Qn 2. He was undergoing his 1 month's notice period. In that period was his duty or responsibility and roles changed considerably?

An employee has a right to approach labour commisionner but i think there is a process to follow. Has he ever shared directly or indirectly that company is pressurising him?

Another thing as far as my knowledge goes, even if an employee complains and has backing, I think a labor commissioner would allow the company to put forth their view points before declaring a conclusion. A decision can never be made by hearing to just one side's story.

I think you should draft a letter of concern sharing your view points with the commissioner.

The question is unclear and vague. What do you wish to ask?

Since the complain has been en-routed through labor office, it is recommended to reply back to the labor officer stating your points.

Why do you not want to reply if you were looking out for that way?

What do you wish to know? What exactly about them? Do you know who are supporting them? Why? And if so what is your suggestion to handle that? Your this question too is very vague to understand and answer.

Hope it helped

From India, Mumbai
It appears from the post that the company recived notice from the Labour office and if so what the labour office sought to know from the company and did it give any directions to the company? This information is missing.
B.Saikumar
Mumbai

From India, Mumbai
kamalkantps
312

Advocate
Dear Mr. Tiwari,
First of all my suggestion to you would be that you MUST reply to all and every communication received from Labour Dept. Please dont take it lightly otherwise not only the company but also the top management may land in legal trouble which may include imprisonment.
The other aspect is that which is evident from your query itself that he has some issues with the Management and some other employees are backing him also. This is not a good sign. It clearly shows that something is not right somewhere. Please elaborate the incident so that we may assess the gravity of the situation and give you a proper suggestion.
For the meantime please take the matter very seriously.

From India, New Delhi
tiwari sudhir
21

Dy Manager - HR
Hello
Firstly thanks for your inputs.
problem is that one employee is working in one organization. He was doing theft, but one day he caught auditor cross check his data & caught him. Company give him suspension order, after receiving that order he stop his duty. After some day he came to office & tell to his colleague that company doing wrong with me & wright one letter & take signature from some employee through sympathy factor but not explain original problem that he caught in theft case. now he went to labour office. labour office send one legal notice to company. during this period employees who are sign in that letter they know that what is original problem so some employee come to their incharge & given one written letter that by mistake they had done signature, but some not. one of them given resignation & working in one month notice period.

From India, Bhopal
korgaonkar k a
2542

BA,LLB,MPM,DIR&PM,DLL&LW,D.CYBER LAW
Dear Sudhir Tiwari ji,
Still you have not mentioned that what kind of notice you have received from labour office.
Normally labour office sent a notice calling you to be present before it and give reply to the complaint, in writing and / or oral. The officer try to bring solution in the complaint before him. This kind of proceeding is called as Conciliation Proceeding and a person / officer who conduct it, he is called as Conciliation Officer. In such case, you are advised to attend the same. You should not ignore it. The role of Conciliation Office is only to try to bring the solution. He can not give you any decision and compel you to follow it. He has to give failure report to the government if no solution comes out from his efforts. (only thing is that the officer has some nuisance value). You should be firm with your stand, if it is not unfair.

From India, Mumbai
kamalkantps
312

Advocate
Dear Sudhir,
As far as i guess you have not conducted domestic enquiry nor issued any show cause to the employee concerned.Theft (i think you want to say misappropriation) is a very serious misconduct but no misconduct is big enough to bypass the statutory procedure of enquiry.
Now when the notice has already been issued by Labour Dept.you must go on the date so fixed by the labour commissioner for hearing with the proof of his misappropriation and findings of the auditors. Please if possible take along those workman who are ready to withdraw their complaint and let their statements be recorded at Labour office.
Also as soon as possible start the domestic enquiry procedure by issuing a show cause to the delinquent employee. If the response received is not satisfactory please appoint a enquiry officer to look into the charges against the delinquent employee.
Please takeup this matter very carefully. Feel free to revert in case of any specific query in this regard.

From India, New Delhi
advocatesjeeva
9

lawyer
Dear Sudhir,

1) First, the company should attend the hearing as it would have sent from Conciliation Officer. then company can file suitable counter, based on this either matter would be settled amicably or failure report may be passed and then the case would be gone to Labour Court. During these proceedings, ie., Conciliation Officer and Labour Court, the company will have to prove that the resignation given by the worker voluntarily not under force.

2) Secondly, if your company has any certified standing order, based on that, show cause notice may be issued to the worker regarding his misconduct, then after the receipt of the explanation, if it is not satisfactory, then domestic enquiry may be conducted and based on enquiry officer findings, suitable order may be passed by the company.

3) Thirdly, the company must send their reply notice to the complaint.

4) Fourthly, if any co employees supporting, then management will have to find out whether those employees colluded with that employee. If there is any collusion, then the management may issued show cause notice to those employee then based on their explanation charge memo may issued on them as per standing order and then management can conduct domestic enquiry on all of them. Based on enquiry findings, suitable order may be passed by the company.

jeevanantham s

advocate, chennai

From India, Chennai
suhaskhambe
120

Executive Human Resource at Emcure Pharmaceuticals Limited, Pune
Dear,
You should have conducted proper inquiry after issuing Charge sheet to concerned employee for Misappropriation.
Now collect proofs of misappropriation like:
mails sent by him, statement of his colleagues, statement of his boss, his own written statement etc.
produce the proofs to conciliation officer and justify termination.
after the case stands in Labour court then the proofs, written and oral statements, witnesses etc will be needed to be produced in the court.
do the things in proper manner and carefully.
appoint an advocate immediately and act as per his suggestions.

From India, Mumbai

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