Facing a Labour Complaint After COVID-19 Termination: What Should I Expect at the Hearing?

Hi Everyone, I worked at the executive level for 10 months in an organization. In the first phase of the lockdown due to COVID-19, my employer terminated me, providing one month of salary as per the appointment letter.

Later on, I filed a complaint with the state Labour Department, stating the grievance that there was no valid termination during the lockdown, and the disbursement of salary was mandatory as per government advisory. Since there are no new job opportunities available and I am in need of money.

Now, I have served the management a notice to appear in the Labour Commissioner's office in the coming week.

Guidance Needed for Labour Commissioner's Office Appearance

Please guide me on what things can be in the employee's favor during the appearance and what positive outcomes can be expected, as well as any potential drawbacks.

Thanks.

Dear Anonymous,

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

Hi, I received a termination letter at the end of the 1st lockdown. Does it imply that taking the matter to the labor department was a mistake? I did it because of the advisory the government issued stating not to terminate and mandating the payment of wages. Please state your views. Thanks.

Dear friend, if we carefully analyze the various advisories/directions issued by the Central Government under the DMA, 2005, the class of employees whose employment interests are to be protected covers the "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 do not fall under either of these definitions. Please ensure whether your cadre of employment was that of a "workman" and whether your gross monthly salary was Rs.24,000 or less.

Role of the Labour Department in Employment Disputes

The Labour Department will generally question the management regarding the dispensation of your service and will try to persuade them to restore your service. However, if the management is persistent in its action against you, the Labour Department can, at best, refer the dispute for adjudication. The management might rely on the fact that you were an executive drawing a salary in excess of Rs. 24,000/-, hence you are not classified as a 'Workman,' and the Labour Department has no role to play. You need to be prepared to counter this effectively.

Challenging Termination During Lockdown

There is nothing wrong with challenging the termination. Unfortunately, there is nothing positive that 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 Government advisory and amidst the lockdown'. This can only be decided in a petition before the high court after the matter ends in the labor office/department.