Dear Sir,
I am Suryakanta Swain, working at Vijai Electricals Limited as an HR Executive. As per my management's instructions, we have terminated all casual role employees due to the completion of the project work. However, one of the employees is a local and holds political power. He has refused to adhere to the organization's norms and has threatened me. I am seeking suggestions on how to handle this situation. Can anyone provide guidance on managing this issue effectively?
Thank you.
From India, Kolkata
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I am Suryakanta Swain, working at Vijai Electricals Limited as an HR Executive. As per my management's instructions, we have terminated all casual role employees due to the completion of the project work. However, one of the employees is a local and holds political power. He has refused to adhere to the organization's norms and has threatened me. I am seeking suggestions on how to handle this situation. Can anyone provide guidance on managing this issue effectively?
Thank you.
From India, Kolkata
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Handling Threats from Casual Workers
If he has threatened you, you should lodge a police complaint. Casual workers who have been employed without following the general recruitment formalities of the company, such as collecting and publishing vacancies, submitting applications for employment or CVs, conducting interviews, issuing offer letters, undergoing joining formalities like submitting joining reports, collecting certificates, Aadhar cards, etc., and finally inducting the employee, have no right to be regularized. Moreover, these casual workers would know that they have been appointed for a particular project and should leave once the project is completed. Additionally, all the other workers have left.
If you file a complaint with the police, they will call you for a conciliation. You can explain these things, and if not settled, you may have to raise the issue with the Labour Officer. Under normal circumstances, the issue will first be addressed by the Labour Officer. However, I am advising you to go to the police station because there is a criminal act of intimidation.
From India, Kannur
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4526If he has threatened you, you should lodge a police complaint. Casual workers who have been employed without following the general recruitment formalities of the company, such as collecting and publishing vacancies, submitting applications for employment or CVs, conducting interviews, issuing offer letters, undergoing joining formalities like submitting joining reports, collecting certificates, Aadhar cards, etc., and finally inducting the employee, have no right to be regularized. Moreover, these casual workers would know that they have been appointed for a particular project and should leave once the project is completed. Additionally, all the other workers have left.
If you file a complaint with the police, they will call you for a conciliation. You can explain these things, and if not settled, you may have to raise the issue with the Labour Officer. Under normal circumstances, the issue will first be addressed by the Labour Officer. However, I am advising you to go to the police station because there is a criminal act of intimidation.
From India, Kannur
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Dear Sir, whatever Mr. Madhu advised, you can follow the same. But as you raised a query regarding the termination of a casual role employee who has political power and is threatening you to avoid termination, we understand that the location is in West Bengal and the employee is in the local area. You should handle the matter carefully. Before taking any FIR lodge action, you should discuss with the employee and clarify the matter. If he does not agree with the management's decision, then you should clearly explain to him the action taken by management. Otherwise, he may lodge a complaint against the employer and divert the main issue into another one. Be clear in every office, including the police station and the labor commissioner's office.
Hope this information is helpful to you.
Regards, Sameer
From India
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Hope this information is helpful to you.
Regards, Sameer
From India
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Dear Colleague,
Please clarify:
1. Was he employed daily, and what is the tenure of service?
2. Was he issued any appointment letter? If yes, what were the terms of appointment, particularly regarding termination?
3. Was he a casual employee or a fixed-term employee for the project period?
The above is sought to check legal aspects.
Pending the above, you should call the employee and make him understand that his employment was purely for the project, like others, and all employees like him are terminated after the end of the project. Be firm but persuasive with him. If he does not budge and continues to threaten, tell him that you will have to lodge a police complaint.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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Please clarify:
1. Was he employed daily, and what is the tenure of service?
2. Was he issued any appointment letter? If yes, what were the terms of appointment, particularly regarding termination?
3. Was he a casual employee or a fixed-term employee for the project period?
The above is sought to check legal aspects.
Pending the above, you should call the employee and make him understand that his employment was purely for the project, like others, and all employees like him are terminated after the end of the project. Be firm but persuasive with him. If he does not budge and continues to threaten, tell him that you will have to lodge a police complaint.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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