Anonymous
Hi, all I wanted to know is if a person meets with an accident and is unable to go-to the office but works from home to complete all his duties. Does the company have the right to just takeoff the employees all of as sudden.. In this case what should the employee do? All your suggestion are very much needed.
From India, Bangalore
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Madhu.T.K
Industrial Relations And Labour Laws

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umakanthan53
5884

It appears to me that the caption of the thread and its content are a bit inconsistent.
While the caption suggests constructive dismissal or forced resignation, the narrative indicates that the services of the employee who was allowed to work from home due to injuries sustained in an accident was suddenly and simply terminated by the employer. In that case, the employee would not have submitted his formal resignation and as such it tantamounts to illegal termination or retrenchment.

If the employee is a ' workman ' u/s 2(s) of the ID Act,1947 he can raise an industrial dispute u/s 2-A(1) of the Act against the employer claiming reinstatement with back wages and continuity of service; if not, he can institute a Civil Suit against breach of the contract of employment and claim damages.

Constructive dismissal or forced resignation is always a question of fact to be proved by the resigned employee before the adjudicating forum. In this case, normally employers would adopt all the subtle and tactical moves in such a manner so as to demotivate the employee and push him to the corner to the extent of putting down his papers. Therefore, a mere allegation of compulsion or force against the employer will not be suffice.

From India, Salem
Madhu.T.K
3735

I believe that the company has been allowing the employee to work from his home and it was okay for the employer since many others would have been working from their homes due to pandemic conditions prevailing and now a situation has reached that all the employees have returned to office and all work from the office only. Allowing only one employee to take the advantage of working from home may create a precedence and many others may come up with the request, rather claim, to have work from home arrangement in future. It may be stop a privilege to become a right in future that the management has decided to stop the practice and asked the employee either to leave or work from office. It is true that there is non compliance but I believe there is equally an element of ethics which an employee should know and follow. After all, no employer can extract the 100% of labour service when an employee is working from his home. Whether the employer has given the employee an opportunity to be heard and whether the employee really required such work from home arrangement are not know to us. Therefore, further comments can only be made after hearing further on the subject from the thread starter.
From India, Kannur
vikrantbiswal
1

I completely agrees with Mr. Umakanthan M. Before termination an employer is liable to ensure that
- Principle of natural justice is followed
- Statutory provisions of law is followed
- and the termination is done under the clauses as mentioned in the appointment letter. Remember if the clauses are unconstitutional, the same will be invalid

before taking any step, please ensute that you fall under the definition of workman under sec 2(s) of the ID act, as per your Job resposnibility. Please do not consider your designation. while drafting a petition please ensure that you must clearly establish that how the termination is illegal under sec 25F, and how you are falling under the definition of workman. It is a habit of companies to not to pay much heed to the labour court and hence you must draft a petition to hear the case without giving much adjournment dates. Apart from this, when the company submit their written statement, please read it carefully and take time to write rejoinder properly. If the court or the preciding officer do not gives you time, state clearly that it is your right. Remember if you put your facts properly in petition and rejoinder, no court can dismis your case or can do injustice.

From India, Delhi

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