One of my colleagues was terminated within a day after giving 8 years of service to the organization. Because of his excellent performance, he was promoted just 6 months before termination. Suddenly, management changed, and internal politics started. The Senior Manager began bringing in his own people. One day, management called my colleague and made several allegations against him. However, in the end, they were unable to prove any of them. They suspended him for 15 days, stating they were investigating and would get back to him. On the 15th day, he was called and terminated, with the reason given that his performance was not good and he was biased towards some employees.
Those points were not on the original list of allegations. Interestingly, his team was the only one that was green and meeting all the SLAs. Why was his laptop taken away on the first day of his suspension so he couldn't show the real data? Also, his ID was permanently blocked on the first day of suspension. He went into severe depression and was unable to fight for his rights. Additionally, they don't have enough money to fight his case. This happened several months ago. I just want to confirm whether the company acted rightly by him. Can he file a case against the company now? What steps can we take now?
From India, New Delhi
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Those points were not on the original list of allegations. Interestingly, his team was the only one that was green and meeting all the SLAs. Why was his laptop taken away on the first day of his suspension so he couldn't show the real data? Also, his ID was permanently blocked on the first day of suspension. He went into severe depression and was unable to fight for his rights. Additionally, they don't have enough money to fight his case. This happened several months ago. I just want to confirm whether the company acted rightly by him. Can he file a case against the company now? What steps can we take now?
From India, New Delhi
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Presumably, your friend was not a workman. Furthermore, he must have evidence that his termination was without following the principles of natural justice. He can then file a suit for declaration, quashing the termination, and seeking damages from the civil court.
From India, New Delhi
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225From India, New Delhi
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Yes, what you have mentioned is perfectly fine, but it's very difficult to get justice in civil court, and it consumes more time. Is there any other firm like the labour commissioner's office that will take care of employee rights and resolve the issue fast?
From India, Mumbai
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From India, Mumbai
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Labor Commissioner's Jurisdiction
The labor commissioner's jurisdiction relates to grievances of workmen only and does not pertain to other classes of employees. For those categories of persons, only the civil court can be approached unless a special enactment provides for other tribunals.
Regards
From India, New Delhi
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The labor commissioner's jurisdiction relates to grievances of workmen only and does not pertain to other classes of employees. For those categories of persons, only the civil court can be approached unless a special enactment provides for other tribunals.
Regards
From India, New Delhi
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Thank you for your suggestion. Is there any other way to solve this issue on an urgent basis? Is there a law stating that if a company terminates an employee, they are required to provide three months' salary to the employee? If a similar case happened involving a female employee, what would be the scenario?
From India, New Delhi
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From India, New Delhi
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Termination Without Misconduct: Legal Considerations
If termination without misconduct and punishment is to be done, then under the Shops and Establishment Act, a notice period is prescribed. If one is a workman, one is governed by Standing Orders or the ID Act. Following the notice period, since he is a workman, that amounts to retrenchment, and the principle of "last come, first go" has to be followed. Later, if the employer is making an appointment to the post, the retrenched employee has to be given an offer first.
From India, New Delhi
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If termination without misconduct and punishment is to be done, then under the Shops and Establishment Act, a notice period is prescribed. If one is a workman, one is governed by Standing Orders or the ID Act. Following the notice period, since he is a workman, that amounts to retrenchment, and the principle of "last come, first go" has to be followed. Later, if the employer is making an appointment to the post, the retrenched employee has to be given an offer first.
From India, New Delhi
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Legal Steps After Unjust Termination
The information provided is inadequate to give you proper suggestions. However, if the order of termination is issued to your friend with reasons for termination, you may file a suit in civil court quoting this and try to obtain a stay on termination and restoration of duty (status quo). Concurrently, obtain a Caveat from the High Court of appropriate jurisdiction against possible vacation of stay if granted. However, chances of winning the case would depend on the documents for and against to be deliberated in court. Temporary relief may be possible.
This will involve costs and time, but I think you have not been left with any other alternative to safeguard.
Regards.
From India, Bangalore
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The information provided is inadequate to give you proper suggestions. However, if the order of termination is issued to your friend with reasons for termination, you may file a suit in civil court quoting this and try to obtain a stay on termination and restoration of duty (status quo). Concurrently, obtain a Caveat from the High Court of appropriate jurisdiction against possible vacation of stay if granted. However, chances of winning the case would depend on the documents for and against to be deliberated in court. Temporary relief may be possible.
This will involve costs and time, but I think you have not been left with any other alternative to safeguard.
Regards.
From India, Bangalore
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(Fact Checked)-The user reply contains accurate legal advice for the situation described. (1 Acknowledge point)