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We had an employee placed in our Banglore 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 prescribed time frame.We relieved him because he was not fit tobe adjusted in restructured of company. He did not show any resistance at the time of being given one month's notice
from factory cum H O. After seven months he appealed to Labour Officer under section 39 of Karnataka Shop and Establishment Rules that he should be reinstated, paid back wages and all benefits.
Is he right to claim after so Long? I think statutory time limit of appeal is one month. Can delay be condoned by appellate authority ? Apparently his move is second thought as he got all dues including gratuity.As such he should not get respite.
M D Modi
From India, Jodhpur
from factory cum H O. After seven months he appealed to Labour Officer under section 39 of Karnataka Shop and Establishment Rules that he should be reinstated, paid back wages and all benefits.
Is he right to claim after so Long? I think statutory time limit of appeal is one month. Can delay be condoned by appellate authority ? Apparently his move is second thought as he got all dues including gratuity.As such he should not get respite.
M D Modi
From India, Jodhpur
Dear sir,
The post needs one major input please. Whether the said employee was relieved based on his resignation and acceptance from organization? or Did you terminate and squarre up his accounts, please? Delay in claiming of remedies are condonable.
Thanks and regds,
RDS Yadav
Labour Law Advisor
Navtarang HR Services
From India, Delhi
The post needs one major input please. Whether the said employee was relieved based on his resignation and acceptance from organization? or Did you terminate and squarre up his accounts, please? Delay in claiming of remedies are condonable.
Thanks and regds,
RDS Yadav
Labour Law Advisor
Navtarang HR Services
From India, Delhi
We relieved him . He did not send in resignation. However, he accepted letter of relieving without any demure and any adverse comment (knowing that he would not be suitable tov un company after restructuring and adverse remarks made by auditor and directors during tenure of his service)
In Our decision to relieve was based on his background performance.
M D Modi
From India, Jodhpur
In Our decision to relieve was based on his background performance.
M D Modi
From India, Jodhpur
Dear Mr. MODI,
I did not get answer of questions asked. But from facts you wrote, it is inferred that he was terminated . But the wordings of termination letter ( in your words "relieving letter") needs to be read technically and be advised thereafter.Even if some employee did not perform to level of our expectations, issuing a termination letter is not legal recourse of action.Management can do but not in the first and last time .Relieviateng letter /Resignation Acceptance letter is a formal communication document given by management as an acknowledgement of a tendered resignation of employee to relieve him from the services on or before a date as per company's rules.In this condition , the said action of removing / relieving one from employment can be termed unilaterally decided and executed by management that can not stand legally in Labour / civil jurisprudence.
Regds,
RDS Yadav
Labour Law Advisor
Navtarang HR Services
From India, Delhi
I did not get answer of questions asked. But from facts you wrote, it is inferred that he was terminated . But the wordings of termination letter ( in your words "relieving letter") needs to be read technically and be advised thereafter.Even if some employee did not perform to level of our expectations, issuing a termination letter is not legal recourse of action.Management can do but not in the first and last time .Relieviateng letter /Resignation Acceptance letter is a formal communication document given by management as an acknowledgement of a tendered resignation of employee to relieve him from the services on or before a date as per company's rules.In this condition , the said action of removing / relieving one from employment can be termed unilaterally decided and executed by management that can not stand legally in Labour / civil jurisprudence.
Regds,
RDS Yadav
Labour Law Advisor
Navtarang HR Services
From India, Delhi
Dear Mr. Modi,
You are right that employee approached government late against his separation but such delays/late approaching is condonable against justification. Please meet Government officer when he happens to call you for a meeting and deal with them appropriately. You may have to consider option of reinstatement or extra payments to employee towards depending upon the case built up and the defense that you may have. If you are able to prove that that employee left on his own then the case may get filed so please get details of the case and decide the best option. All the best.
From India, Mumbai
You are right that employee approached government late against his separation but such delays/late approaching is condonable against justification. Please meet Government officer when he happens to call you for a meeting and deal with them appropriately. You may have to consider option of reinstatement or extra payments to employee towards depending upon the case built up and the defense that you may have. If you are able to prove that that employee left on his own then the case may get filed so please get details of the case and decide the best option. All the best.
From India, Mumbai
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