We had an employee placed in our Bangalore office who was relieved seven months ago. We paid him all dues such as wages for earned leaves, gratuity, and PF transfer, etc., all within the prescribed timeframe. We relieved him because he was not fit to be adjusted in the restructured company. He did not show any resistance at the time of being given one month's notice from the factory cum HO.
After seven months, he appealed to the Labour Officer under section 39 of the Karnataka Shop and Establishment Rules, claiming that he should be reinstated, paid back wages, and all benefits. Is he right to claim after so long? I think the statutory time limit for appeal is one month. Can the delay be condoned by the appellate authority? Apparently, his move is a second thought as he received all dues, including gratuity. As such, he should not get respite.
Regards, M D Modi
From India, Jodhpur
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After seven months, he appealed to the Labour Officer under section 39 of the Karnataka Shop and Establishment Rules, claiming that he should be reinstated, paid back wages, and all benefits. Is he right to claim after so long? I think the statutory time limit for appeal is one month. Can the delay be condoned by the appellate authority? Apparently, his move is a second thought as he received all dues, including gratuity. As such, he should not get respite.
Regards, M D Modi
From India, Jodhpur
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Dear sir,
The post needs one major input. Was the employee in question relieved based on his resignation and acceptance from the organization, or was he terminated with his accounts settled? Delay in claiming remedies is condonable.
Thanks and regards,
RDS Yadav
Labour Law Advisor
Navtarang HR Services
navtaranghrs@gmail.com
From India, Delhi
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145The post needs one major input. Was the employee in question relieved based on his resignation and acceptance from the organization, or was he terminated with his accounts settled? Delay in claiming remedies is condonable.
Thanks and regards,
RDS Yadav
Labour Law Advisor
Navtarang HR Services
navtaranghrs@gmail.com
From India, Delhi
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We relieved him. He did not send in a resignation. However, he accepted the letter of relieving without any demur and any adverse comment (knowing that he would not be suitable to run the company after restructuring and adverse remarks made by the auditor and directors during his tenure of service). Our decision to relieve him was based on his performance background.
M. D. Modi
From India, Jodhpur
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M. D. Modi
From India, Jodhpur
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I did not get an answer to the questions asked. However, from the facts you wrote, it is inferred that he was terminated. The wording of the termination letter (referred to as the "relieving letter" by you) needs to be read technically, and advice should be given thereafter. Even if some employees did not perform to the level of our expectations, issuing a termination letter is not the legal recourse of action. Management can do so, but not as the first and last resort.
Understanding Relieving and Resignation Acceptance Letters
A relieving letter or resignation acceptance letter is a formal communication document given by management as an acknowledgment of a tendered resignation of an employee to relieve them from the services on or before a date as per the company's rules. In this situation, the action of removing or relieving one from employment can be termed as unilaterally decided and executed by management, which may not stand legally in labor or civil jurisprudence.
Regards,
RDS Yadav
Labour Law Advisor
Navtarang HR Services
From India, Delhi
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Understanding Relieving and Resignation Acceptance Letters
A relieving letter or resignation acceptance letter is a formal communication document given by management as an acknowledgment of a tendered resignation of an employee to relieve them from the services on or before a date as per the company's rules. In this situation, the action of removing or relieving one from employment can be termed as unilaterally decided and executed by management, which may not stand legally in labor or civil jurisprudence.
Regards,
RDS Yadav
Labour Law Advisor
Navtarang HR Services
From India, Delhi
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You are right that the employee approached the government late regarding his separation, but such delays or late approaches are justifiable. Please meet with the government officer when called for a meeting and handle the situation appropriately. Consider options such as reinstatement or providing extra payments to the employee, depending on the circumstances and the defense you may have. If you can prove that the employee left voluntarily, the case may be dismissed, so gather details on the case and determine the best course of action.
All the best.
From India, Mumbai
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All the best.
From India, Mumbai
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