Industrial Relations And Labour Laws
Nagarkar Vinayak L
Hr And Employee Relations Consultant
[email protected]
Bhubaneswar,hr Officer
+1 Other

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Dear Sir,
I am Suryakanta Swain working in Vijai Electricals Limited As HR Executive. As per my management instruction due to completion of Project work terminated all Casual roll employees. So that I am continuing the process but one of employee belong to local and have Political Power. He has denied to received the organization norms and threaten me. So in this connection i wnat some suggestion from yourself. Can anyone give proper guidance how to handle the situation.

From India, Kolkata
If he has threatened you, you should lodge a police complaint. Casual Workers who have been employed without following the general recruitment formalities of the company, like collecting publishing vacancies, application for employment or CV, conducting interview, issuing offer letter, undergoing joining formalities of getting joining report, collecting certificates, adhar cards etc and finally inducting the employee, has no right to get regularised. Moreover, these casual workers would be knowing that they have been appointed for a particular project and should go once the project is completed. Moreover, all the other workers have left.
If you file a complaint before the Police they will call you or a conciliation. You can say these things and if not settled, you may have to raise the issue before the Labour Officer. Under normal circumstance the issue will be first addressed to the Labour Officer. But I have asked you to approach you to go to Police Station because there is a criminal act of intimidation.

From India, Kannur
Dear Sir
Whatever Mr. Madhu advised you can follow same But as you raised query regarding for termination casual roll employee who have political power and threat you for to do not termination. As we are understand the location is in west bengal and employee is in local area you should handle the matter carefully before taking FIR lodge action you should discussed with employee and make clear the matter if he is not agree upon management decision then you give clear idea to him for he action taken by management. otherwise, he may be lodge compliant against the employer and divert the main issue into another one. so be clear on every office like police station as well as in labour commissioner office.
Hope it will be helpful to you.

From India
Dear Colleague,
Please clarify:
1. Was he employed daily and what is the tenure of service?
2. was he issued with any appointment letter ? If yes what were the terms of appointment?
particularly about termination?
3. Was he casual employee or fix term employee for the project period?
The above is sought to check legal aspects .
Pending above you call the employee and make him understand that his employment was purely for the project like others and all employees like him are terminated after the end of the project. Be firm but persuasive with him.
If he does not budge and continues to threaten , tell him that you will have to lodge a police complaint .
Vinayak Nagarkar

From India, Mumbai
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