I am an HR professional in a company. I have a query below. Can someone guide me?
Eligibility to File a Case in Labor Court
If we terminate a company supervisor instantly for his misbehavior with workers, and he files a case in the labor court, is he eligible to file the case?
Thanks,
Parul
HR
From India, Vadodara
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8Eligibility to File a Case in Labor Court
If we terminate a company supervisor instantly for his misbehavior with workers, and he files a case in the labor court, is he eligible to file the case?
Thanks,
Parul
HR
From India, Vadodara
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Here, you did not mention the status of the supervisor, i.e., regular/contract/trainee/probationer, etc. Moreover, you did not specify the nature of the misconduct. How can we conclude whether the particular act of the supervisor constitutes misconduct or not? If so, can it be justified for termination or not?
If the status of your supervisor is trainee/probationer/contract, then you can simply terminate his services, quoting the act of misconduct committed by him and invoking the relevant clause of the appointment order issued to him, if the provision is there.
On the other hand, if he is a regular employee, the procedure for the issue of a charge sheet, holding an inquiry, issuing a final show-cause notice, and a dismissal order, etc., is necessary as per the principles of natural justice.
Regards,
NVRao
Naidupeta
From India, Nellore
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If the status of your supervisor is trainee/probationer/contract, then you can simply terminate his services, quoting the act of misconduct committed by him and invoking the relevant clause of the appointment order issued to him, if the provision is there.
On the other hand, if he is a regular employee, the procedure for the issue of a charge sheet, holding an inquiry, issuing a final show-cause notice, and a dismissal order, etc., is necessary as per the principles of natural justice.
Regards,
NVRao
Naidupeta
From India, Nellore
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Your query is whether a supervisor can file a case against his dismissal in the Labour Court. The answer to this question depends on the nature of work done by him and his monthly wages. If you furnish this information, I will probably be able to form my view on this issue.
Regards
From India, Madras
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Regards
From India, Madras
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I have been working at a company since September 2011 as an HR professional. On 8th November, I was on my way to meet a lawyer to discuss a labor case when I had an accident on the highway opposite my office involving a car. I sustained a minor fracture in my legs along with other injuries. Two days later, I received a termination letter and email from my company citing irregularity as the reason. I was still in my probation period of six months and had taken 4 to 5 leaves in the past two months for valid reasons. Since the accident on the 8th, I have been following the doctor's advice to rest in bed as I am unable to walk.
I am seeking guidance on what steps I should take in this situation. Please advise at your earliest convenience.
Regards,
Parul
From India, Vadodara
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I am seeking guidance on what steps I should take in this situation. Please advise at your earliest convenience.
Regards,
Parul
From India, Vadodara
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If the supervisor is performing manual work without responsible decision-making powers, he can be classified as a workman, and the labor court has the jurisdiction to try his case. However, if he is performing managerial duties such as signing gate passes, sanctioning leaves, or receiving materials, he may not be considered a workman.
From India, Pune
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From India, Pune
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During the probation period, an employee can be terminated without assigning any cause. Therefore, your termination is valid. However, the fault made by the management is that they have shown a "cause" for the termination, which is "irregular in duty," and on that ground, you can file a suit against the employer.
Regards,
Madhu.T.K
From India, Kannur
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Regards,
Madhu.T.K
From India, Kannur
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If you come under the workmen category and have been working in the establishment for at least one year with the company, your termination will attract Sections 25F/25N of the Industrial Disputes Act. If so, the company should follow the procedure explained in the Act. Compensation of one month's salary is already available, but what is required is to pay compensation at the rate of fifteen days' salary per year of service. In case your establishment employs more than 100 employees, then the notice pay (like one month's salary offered) shall become three months' salary.
On the other hand, if you have been appointed in a managerial/supervisory position, you can accept what is offered and get relieved as per the terms of appointment.
Regards,
Madhu.T.K
From India, Kannur
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On the other hand, if you have been appointed in a managerial/supervisory position, you can accept what is offered and get relieved as per the terms of appointment.
Regards,
Madhu.T.K
From India, Kannur
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Termination from Employment.pdf
TERMINATION OF EMPLOYMENT.doc