Can Managerial employee go to labour court for money or leaves matters or in case of termination with immediate effect without notice period?
From India, New Delhi
Acknowledge(0)
Amend(0)
From India, New Delhi
Acknowledge(0)Amend(0)
Definition of Employee under the Industrial Disputes Act
The employee in question should determine whether he falls under the definition of an employee as defined under Sec 2(S) of the Industrial Disputes Act, 1947.
Money Due and Leave Matters
What money is due to the employee? Leave matters (what types of leave under which act?) can be taken up with the jurisdictional labor officer.
Termination Without Notice Period
Can you please elaborate on termination without notice period? Has the notice pay as per the terms of the appointment order been paid or not?
Being a managerial employee, you should frame your question giving all relevant details for a reply.
From India, New Delhi
Acknowledge(1)Amend(0)
631The employee in question should determine whether he falls under the definition of an employee as defined under Sec 2(S) of the Industrial Disputes Act, 1947.
Money Due and Leave Matters
What money is due to the employee? Leave matters (what types of leave under which act?) can be taken up with the jurisdictional labor officer.
Termination Without Notice Period
Can you please elaborate on termination without notice period? Has the notice pay as per the terms of the appointment order been paid or not?
Being a managerial employee, you should frame your question giving all relevant details for a reply.
From India, New Delhi
Acknowledge(1)Amend(0)
Managerial Employee Coverage Under the ID Act
The question of whether a managerial employee is covered under the ID Act is a matter of both fact and law. The principle is that nomenclature and designation do not determine the status of the employee; it is the actual duties discharged by them that decide whether one is a workman or not as per the Act. If the employee is not performing any managerial or supervisory duties, they may be considered a workman. Therefore, the actual nature of the duties discharged must be evaluated based on these principles before initiating any litigation under the ID Act 1947.
From India, Mumbai
Acknowledge(0)Amend(0)
The question of whether a managerial employee is covered under the ID Act is a matter of both fact and law. The principle is that nomenclature and designation do not determine the status of the employee; it is the actual duties discharged by them that decide whether one is a workman or not as per the Act. If the employee is not performing any managerial or supervisory duties, they may be considered a workman. Therefore, the actual nature of the duties discharged must be evaluated based on these principles before initiating any litigation under the ID Act 1947.
From India, Mumbai
Acknowledge(0)Amend(0)
I think that the questioner is confident about the managerial capacity of the employee in question. Therefore, the straightforward answer to her query is simply "NO." When an employee holds a managerial position or is in a managerial cadre based on duties and responsibilities, and they do not dispute this fact, there should be no further debate. A managerial cadre employee cannot seek redress for any grievance, including unpaid monetary dues, other than statutory gratuity under labor laws. The only recourse for recovering dues with damages is through civil remedy.
From India, Salem
Acknowledge(1)Amend(0)
From India, Salem
Acknowledge(1)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Industrial Disputes Amendment Act 2010.doc
INDUSTRIAL DISPUTES ACT.pdf