Umakanthan53
Labour Law & Hr Consultant
Rkn61
Hr Manager
KK!HR
Management Consultancy

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Anonymous
Hi Everyone. I worked at the Executive level for 10 months in an organization. In the 1st phase of the Lockdown of COVID, my employer terminated me with providing one month of salary as per appointment letter.
Later on, I filled a complaint in the state Labour Department, stating the grievance as there was no termination valid in Lockdown, and disbursement of salary was mandatory as per Govt advisory. Since no new job opportunities are available and I need money.
Now, they have given the Management a Notice for appearance in Labour Commissioner Office in the coming week.
Please guide me what all things can be in employee's favor on the appearance and what positivity can be expected and the cons as well if there are.
Thanks.


Dear Anonymous,
Your employer seems to have complied with the employment condition of giving one month's salary in lieu of notice period, as per your appointment letter.
When you did get your termination order?
As you have taken up the matter with Labour Deptt., we do not have anything to say in the matter, now.

From India, Aizawl
Anonymous
Hi, I received termination letter end of 1st lockdown.
Does it imply that taking the matter to labour dept.was a mistake?
I did it because of the advisory Govt.stated of not terminating and mandatory pay of wages.
Please state your views.
Thanks


Dear friend,
If we carefully analyze the various advisories/directions issued by the Central Govt under the DMA, 2005 the class of employees whose employment interests are to be protected covers "workman" category who are drawing "wages" as defined under the PWA, 1936 only. Therefore, it would automatically imply that the advisories would not be applicable to those who escape either of the definitions. Ensure yourself whether your cadre of employment was that of "workman" as well as your gross monthly salary was Rs.24,000/= or less.

From India, Salem
Anonymous
Hi Mr.Umakanthan, I fall under workmen category and my gross income is more than 24000.

The Labour Department will only generally question the management of the dispensation of your service and will try to persuade them to restore your service. But, if the management is persistent in its action against you, the Labour Department, at best, can only refer the dispute for adjudication. The Management would rely upon the fact that you were an executicve drawing salary in excess of Rs. 24,000/- hence you are not a 'Workman' and the Labour Department has no role to play. You have to be prepared to counter this effectively.
From India, Mumbai
Dear friend,
There is nothing wrong in challenging the termination. There is nothing positive remains in this case to favor you. The tenure of service is not even one year and your employer terminated you with payment of notice.
In this case, the Labour Department will pursue your employer to reconsider your employment but how far the employer would agree upon the matter is a question. Later the Labour Department may refer the dispute for adjudication.
Your single point counter should be ' the termination is bad as against the Govt advisory and amidst the lock down'. This can only be decided in a petition before the high court, after the matter ends in labour office/department.

From India, Mumbai
Anonymous
Thank you Mr.Prabhat for your views.

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