Umakanthan53
Labour Law & Hr Consultant
Nagarkar Vinayak L
Hr-consultant

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THANE basrd wonderbiz company illegally terminated an employee. After termination they denied clearing dues. Employee has filed case with labour commissioner. First 3 hearing company didn't attend it. Now they are paying half the amount and asking to sign an affidavit without sharing copy of it with Employee. This company even accused Employees of posting reviews as breathing of confidential information
Can Company force Employees to sign affidavit to clear dues without sharing copy of it with Employee?
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In the absence of the capacity of the employment of the employee, I don't think that anyone can suggest an appropriate answer.
Assuming that the individual was a workman u/s 2(s) of the Industrial Disputes Act,1947 -
i)What was the subject matter of the complaint raised before the Commissioner - about the illegality of the employee's termination or non-payment of the terminal benefits?
ii)What about the fate of the case with the Commissioner?
iii)If the management came forward to pay half the terminal benefits without participating in the proceedings before the Commissioner, whether any direct negotiations took place?
Dear Colleague,
Pending clarification sought by Mr Umakanthan, at this stage or otherwise also , you are not obliged to sign any affidavit of any nature without knowing its contents, far from signing it.
My advice is to continue your legal fight and don't buckle under any pressure. My assessment of situation is that the employer has realized that he has illegally terminated you and trying to make some compromises and wriggle out of this. But you continue to mount the pressure until he settles all your legal dues and compensation and gives you clean chit.
Obviously, my advice is based on some assumptions and pending receipt of your clarification.
Regards,
Vinayak Nagarkar
HR- Consultant
Current status of the petition of the case is pending with Thane labour commissioner. He had called for next reconciliation meeting, however when requested labor commissioner to let company provide documents to get reviewed from lawyer commissioner refrained from cooperation stating this doesn't fall under his power.
So senior labour commissioner was complained about this wherein he has agreed to get the copy for review before signing.
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