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Dear Sir,
We are a micro Industry under MSME, are trying to give salary to our employees, where one part of my organisation is working from Home, and other is Helper and technician that cannot be work due to Covid situation. In this critical time we are facing a tough problem as one of my most arrogant employees who can easily work from home, not worked or shared given work, even not attended any meeting in these 55 days. and now my office is open but he has not reported nor called for absence, after calling him he said he can't come for one day. but after that he again not reported to office due to this we have shared termination letter and ask him to collect his full n final check as per company policy and return company laptop and other things hand over to him for work.
He is not responding on mail, just dropped a msg on whatsapp to HR that transfer him full amount as per govt rule for covid 19 after getting his money he will return company laptop and data, as he has important data with time for ongoing projects.
Please let us know as an HR what should i do?
This is clearly written in appointment letter that he has to surrender data and company property for full and final process. Neither he want to work nor he wants to return anythings.

From India, New Delhi
To further addressing to the captioned matter, now, in a significant move, the Supreme Court
on Friday passed an interim order stating that no coercive action should be taken against employers for not complying with the directions of the Ministry of Home Affairs (MHA) for full payment of wages to employees during the lock down period.
The interim order will be in operation till the Central Government files a reply to the petitions challenging the direction passed by the MHA on March 29.

From India, Aizawl
Is he in any managerial role? Then ask him to report immediately and warn that a public notice would be given against him for not returning the company properties which will make his career miserable. also tell him that government has not directed to pay salary to employees who have not worked from home and tell him that no salary could be paid because you remained absent through out the lock down period.
From India, Kannur
You can even go to the extent of preparing a memo, to be published in leading newspapers- after informing him -about company's intention to take suitable legal action against him for not returning company property, by declaring that he has voluntarily abandoned employment.
From India, Aizawl
https://www.barandbench.com/news/law...yment-of-wages
Orders have been ceased from 18/05/2020.
Honble SC has quashed orders of MHA mandating payment during lockdown period.
Nagreeka exports ltd v/sUOI. SC

From India, Pune
Anonymous
Dear Sir/ Madam,
I am 5 month pregnant and working in IT company for the last one year.
As soon as i informed my employer about my pregnancy (in April) my boss/ hr has moved me in variable pay structure stating in mail that it is for only this quarter where i will get only 50% of salary till june and rest of 50% will be provided based on company and my performance at june end.
Later during the start of May they wanted me to resign, on refusing they came with a proposal to keep me as an employee with 0% payment, later they wanted me to agree for 25% payment. Also they said i won't get any rest of 50% of my salary for these 3 months because my role or team got redundant and company is facing financial crisis in this COVID-19 situation.
Yesterday i got termination notice mail from my employer with reference to agreement which state that "clause 10.1 states that - Notwithstanding anything to the contrary contained in this Agreement, the Company may terminate the Employee’s employment under this Agreement without assigning any reason upon issuing 30 (thirty) days prior written notice to the Employee (or 1 (one) month’s remuneration in lieu of such notice)"
All those issue started as soon as i informed employer about my pregnancy and seeking maternity leave.
Let me know if further information required.
.
Kindly help or guide me asap.

From India, Mumbai
Anonymous
Dear Sir/ Madam,
I am 5 month pregnant and working in pvt. organization for the last one year.
As soon as i informed my employer about my pregnancy (in April) my boss/ hr has moved me in variable pay structure stating in mail that it is for only this quarter where i will get only 50% of salary till june and rest of 50% will be provided based on company and my performance.
Later during the start of May they wanted me to resign, on refusing they came with a proposal to keep me as an employee with 0 payment, later they wanted me to agree for 25% payment. Also they said i won't get any rest of 50% of my salary for these 3 months because my role or team got redundant and company is facing financial crisis in this COVID-19 situation.
Yesterday i got termination notice mail from my employer with reference to agreement which state that "clause 10.1 states that - Notwithstanding anything to the contrary contained in this Agreement, the Company may terminate the Employee’s employment under this Agreement without assigning any reason upon issuing 30 (thirty) days prior written notice to the Employee (or 1 (one) month’s remuneration in lieu of such notice)"
.
Kindly help or guide me.
Thank you!

From India, Mumbai
That was just an Advise, not a mandatory Order.
From India, Calcutta
Dismissal of a woman employee while she is pregnant is illegal. You can complaint against the employer's act of dismissing you even if there is a provision in the contract of employment that you can be terminated by giving one month notice or payment in lieu of that notice. If redundancy is the reason for termination, they can certainly retrench workers but it should not be by picking and choosing from the whole lot but it should be the last employee who was employed in the division who should be terminated first in order to make up the surplus manpower.
From India, Kannur
Anonymous
Thank you so much for your response!
If we file a complaint against employer via Labour office through online-grievances, how long does it take to get the final verdict? Is there any obligation from Labour office end to finish the case within stipulated time or does it take several months for this? or is it better to go ahead with the local labour lawyer?
Kindly Guide me how to proceed with legal actions?

From India, Mumbai

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