Was My Friend Wrongfully Terminated for Contracting COVID-19? Seeking Legal Advice on Employee Rights

Respected all,

My name is Ramakrushna, and I would like to inquire about the rights of a terminated employee as per the law. A friend of mine was employed as a Training & Development officer in a steel manufacturing company. Although the company provided him with an offer letter, he has not received it yet. He worked at the company for over 11 months since his appointment. Statutory deductions such as PF and ESI were deducted from his salary. The issue at hand is that he was terminated by the organization without following any disciplinary procedure.

In the termination notice, it was cited that he was terminated due to poor performance. However, the actual reason was that he contracted COVID-19, and after testing positive, many others also fell ill with COVID-19. The management suspected that the outbreak was linked to him, leading to his termination out of anger.

From what I understand, recent notifications indicate that a terminated employee is entitled to three months' salary. Please clarify his rights and the compensation he is eligible for according to the law. Is there a procedure for him to file a complaint with the Prime Minister's office regarding the injustice he has faced? What legal steps should he take against his company, and are there any official notifications, both prior and recent, related to this matter? Kindly provide all these details to assist the affected individual. Your expert advice would be greatly appreciated in helping this individual in need.

Thank you.

Respected all,

Please advise: one of my friends was working in a sponge production company in Odisha as a Training & Development officer. His company's management has illegally terminated him from his service without following any disciplinary procedure. On his termination paper, it has been stated that he was terminated due to poor performance at work. However, the actual reason is that in September 2020, he tested positive for COVID-19. After his positive test, many of his factory staff also tested positive. His management suspects that this chain of COVID cases started with him, and for this reason, they terminated his employment. To cover up their error, they falsely labeled him as an underperforming worker in the termination documentation.

Now, my questions are:

1. Is there a platform such as the Prime Minister's grievance cell where he can file a complaint if injustice has been done to him?
2. What are his legal rights according to various laws? What benefits and compensation does he deserve? (Please provide details of any relevant past or current gazette notifications related to such situations)
3. Where and how can he file a grievance to assert his legal rights? Please outline the procedure.
4. Do you have any suggestions that could help him seek justice?

Note: At the time of his termination, he had completed more than 10 months of service. He received an offer letter but has not been given an appointment letter yet. However, his PF and ESI contributions have been deducted from his salary. He possesses legal evidence confirming his status as a bona fide employee of the company.

Platform for Complaints Against Injustice

Although such forums exist, they are typically ineffective in this matter. The typical action sequence that follows is that the complaint you submit will be forwarded to the concerned organization. They will send a reply, and thereafter, the matter would likely peter away. There is usually no serious consideration given to the contents of the complaint, and there is no judicial determination of the legal liabilities of both sides. You have a case to present to the Labour Department official at the local level where the unit is located. You can also directly approach the Labour Court and challenge the action. It is advisable to engage a good lawyer practicing in labour matters.

Legal Rights and Compensation

He can seek reinstatement with full back wages. The Industrial Disputes Act of 1947 provides the legal process and machinery to resolve such matters.

Filing a Grievance

Please consult a lawyer.

Achieving Justice

To avail the option of agitating the matter before, you must have enough evidence to prove that you fall into the workman category as per the Industrial Disputes Act of 1947, even if designated as a T&D Officer. In case he was under ESI treatment during the COVID time, there exists a strong case in your favor, as a punishment cannot be imposed during the ESI medical benefit period.