PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Business Mentor, Consultant And Trainer
Labour Law & Hr Consultant
Asso.prof.(commerce & Management)
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Dgm Hr & Ir
Insolvency N Gst Professional
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Dinesh DivekarDear Abdul,
This is the internal matter of your company. We the members of this forum are outsiders. We do not know the facts of the case even superficially.
If some employee files a suit against the company then company is the respondent. In such a case the owner may tell you to represent the company in the court as one of the witnesses. You need to represent your employers to the best of your capacity.
Who is a better to person to depose before the court as witness that your lawyer will decide in consultation with the employer. Generally lawyers give brief to their witnesses about the court case a day before.
It appears that you have got butterflies in your stomach for your probable appearance in the court. Do not be shy of going to the court of law. This is a experience in itself. You will get exposure to the court proceedings. Neither you should show keenness to go to court nor you should be a bundle of nerves!
From India, Bangalore
Harsh Kumar MehtaSir, Dinesh Divekar ji has rightly expressed correct views on the subject as above. However, if you want any clarification on any other aspect, it will be more better if you may intimate the correct and complete facts and your problems or doubts in the matter.
From India, Noida
nathraoHR departments do handle legal cases,if there is no separate legal department.Normally details of the case,documents etc will be procured from concerned department and lawyer will fight on behalf of company.HR becomes a nodal point for interaction with lawyer.
When a case is filed against the company-HR will have to make point wise reply(para wise reply) Your lawyer or legal department will look into legal aspect of the case and represent the company.
You should look upon such cases as learning experiences and do full homework about the case and help your company to win.
From India, Pune
J.Gopi KrishnaMr.Nathrao as expressed rightly, it is a practice followed in the establishments to look after the legal matters in the absence of legal department, normally in the manufacturing units, there will not be separate legal dept., hence, HR has to take care
From India, Mumbai
email@example.comDear Mr. Abdul,
Normally Cos. will have Legal Advisors who are specialist in Labour Matters like Termination, ID, WC, Accident cases, PF, ESI etc., Company HR should liaison with the Legal Advisors & provide him with all documents & brief so that when the case comes up in Court for hearing, he is able to defend the Co.
As rightly pointed out by Learned Members Dineshji, HK Mehta, Nathrao, these situations gives exposures to HR to face court cases & how to deal with them. HR has to accept such works; though it is Legal & should not shy away; but learn the things to enrich ones knowledge of Legal Procedure to help the Co. in such times.
Wish u good luck.
From India, Mumbai
Abdul BasitThank you very much seniors for your expert views. I do really appreciate all the views posted above. It really gave me courage to stand out and see things from different perspective. Regards.
If you are stationed in Pakistan, I have no first hand inf. on practices followed in Pak. I only can state what is possible in India. Generally two types of scenarios so far litigations with employees are concerned. One is what employer initiated by means of Domestic Inquiry and the second is from employees side on the employer which may land in courts & tribunals. Almost all HR related issues should be handled by HR Dept. only. There cannot be occasions where medical services would handle court cases. Even in hospitals either the HR or Legal Dept. should handle court cases, may be by engaging regular practioners. In bigger co. legal advisers will be appointed who would coordinate with the advocates attending on behalf of the employers. A full time employees though from legal fraternity cannot attend and argue cases in the courts. Those registered with the Bar councils of the territory only will be granted practioner licence to represent the parties in the courts. However officials of HR can depose for or against the employees as the case may be as witness or to submit records and assist counsels.
From India, Bangalore
AnonymousI have left my organization without serving notice period 90 days (reason company give me work from home after joining they ask me to work from different city I send mail for permanent work from home than but they not replied in one month than I left organization).
I haven't signed any agreement of 90 days notice period.
After Resignation Manager and HR approve my mail but they said on mail you have pay remaining days basic salary. I agreed.
But after returning laptop and all clearence they asking me to pay more amount for issuing experience letter what should I do now ??
From India, Bhopal
umakanthan53Giving of prior notice before resignation and the length of the period of notice to be served or the amount of salary payable in lieu thereof by the employee are the subjects of the exit clause of the contract of employment or the the condition stipulated in the appointment order or the service regulations of the organization as the case be. The poster seems to have ignored the breach of the contract by the employer in this regard for obvious reasons though the employer can be legally proceeded against.
When the poster had already complied with these terms of the contract regarding his resignation and his resignation was formally acted upon by both the parties, certainly it is not fair on the part of the employer to charge money for the issuance of experience certificate. It is indicative of the meanness and unprofessional conduct of the employer. But no legal action can be taken by the poster in this regard. His appointment orders and relieving orders received from the company would be sufficient proof of his experience in the company .
From India, Salem