yash-pal-thakur1
1

Respected Seniors, Please Help Me, If Company fired or terminated the employee without any written notice or without any reason and Company Mentally harassed, again and again after working 4.5 years. How Employee can claim in labour office?

PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Madhu.T.K
Seasoned Ir Professional
Vmlakshminarayanan
Agm - Hr&admin
Yash-pal-thakur1
Hr & Admin Sr. Executive

vmlakshminarayanan
919

Hi,

If you are the victim you can file a complaint with Labour Inspector of your office jurisdiction with all proofs.

How come the company terminated you without any written letter ? What was your position with the Company. You haven't provided clear details.

I hope you are trying to say company mentally harassed and forced you to resign ? If you had already submitted resignation letter voluntarily then it would be tough to prove with Labour Office.

From India, Madras
yash-pal-thakur1
1

Sir no submitted resignation letter. But Labour Officer Also tolled that You resign and go away with three months' salary.If you are fired, you will get nothing.

Madhu.T.K
4193

There is one important point missing in the thread, and that is whether you actually belonged to worker category? In many cases what I have noticed is that the labour officer may involve informally but when it reaches stage that you decide to file a complaint and do it, then the question arises whether the complainant is a workman under the ID Act or not. If you were having supervisory powers functionally, then the issue cannot be settled in a Labour Office. If that is the case with you, it is good if you collect the amount offered and leave.

Having worked for 4 years and six months, the applicability of Payment of Gratuity Act should also be explored. since the issue is in Tamil Nadu and we have a ruing by Madras High Court in Mettur Bearsel's case that employee who has worked for 240 days in the fifth year is entitled to get gratuity, the act of the employer asking you to go should be viewed as an attempt to avoid payment of gratuity. If you have decided to go, then you should ask them to compensate the loss of gratuity also.

From India, Kannur
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