Labour Law & Hr Consultant
Principal Hr Consultant
What the Management has done is totally wrong as it is violative of the condition precedent to transfer as well as illegal as the termination order is in breach of the contract of employment. Therefore, you can raise an industrial dispute u/s 2-A(1) of the Industrial Disputes Act,1947 against the management claiming reinstatement with back wages and continuity of service before the Conciliation Officer for the area or file an appeal before the Appellate Authority under your State Shops and Establishments Act , if you had completed the minimum service, if any required under the Act, as the case be.
8th June 2018 From India, Salem
First of all when did the termination take place and is there a scope of joining back in case of any reconciliation between the management and you? While taking action may be the last resort and you never know how long it is going to last [your reinstatement] it will be worthwhile to try and explain to the management about the issues that are being faced by you. In case all these have been tried and tested, you may go to the last resort of taking action through legal means. If the management so wishes it may even rescind the termination letter, so just give a chance to peace and try your luck.
8th June 2018 From India, Hyderabad
It is obvious that your management has acted in breach of the contract and law.
Before knocking the doors of the justice, you have to raise the dispute by writing to them giving all facts of the case and demanding your reinstatement drafted preferably by a labour lawyer
If management does not respond, invoke machinery under the Industrial Disputes Act as stated by Shri Umakanthan sir.
9th June 2018 From India, Mumbai
I can understand the valid point of your suggestion to give a legal notice before the legal actions contemplated. But the general reaction of such employers is to engage a more promising Lawyer and precipitate the issue with a reply that the employee concerned was not at all a workman under the ID Act or their establishment would not be an establishment under the State S&E Act and the like. Many employers in the ITES Sector have the obsession that employment is dominated by the aspect of free will of the parties to the contract of employment and if the employee fails to obey the orders of the employer, he automatically loses his right to employment. My view, therefore, is that the poster need not waste time anymore as her effort of appeal was not at all considered by the management.
9th June 2018 From India, Salem
Every word of the contract pertaining to job has been ignored.
Legal action is the only remedy.
Our justice system is slow and antiquated but still we have no choice in the matter.
9th June 2018 From India, Pune
You are well aware that you have to raise the dispute first before taking recourse to the legal machinery and proceed on the basis that you are a workman . Whether someone is workman or non - workman is for court to decide based on evidence led on the the dominant nature of duties performed regardless of any stand taken by the employer.
While my views rhyme with yours, I only thought of emphasizing this aspect.
10th June 2018 From India, Mumbai
10th June 2018 From India, Salem
Customer Care executive comes under the purview of the definition of the workmen under Section 2(s) of the ID Act, hence the aggrieved can easily raise an industrial dispute by approaching the Labour officer of the area.
I have myself handled many such disputes while heading HR for very large BPO in Mumbai & Chennai.
11th June 2018 From India, Thane
What will happen next? Please also let me know the power of ALC in such cases.
30th October 2018 From India, New Delhi