Please advise one of my friend was working in a sponge production company Odisha, as Training &Development officer. His company Management has illegally terminated him from his service, without following any disciplinary procedure. on his termination paper, it has been said that due to his poor performance on his work he was terminated from his work, but the actual reason is that in September 2020 he had found covid positive. After his covid positive many of his factories staff was found covid positive.his management is doubting that this chain of covid has started from him, & due to this reason they have terminated him from service, but for hiding their fault, they have mentioned on his Termination paper that he is under workperson. now my question is that
1.is there any platform like the prime minister's grievance cell, where he may complain injustice has happened to him.
2.what is the legal right as per various laws, or as per law, what benefit & compensation he will deserve(Please mention any previous & current gazette notification about mention this type situation if happened)
3.where &how he will file or lodge a grievance for getting his legal rights. also mention the procedure.
4.Any thing as per your view which will help to give justice to him.
NOTE- at the time of retrenchment he have already fulfilled more than 10 month his service,got an offer letter, still now not got any Appointment letter, but pf, ESI has deducted from his salary. he have some legal proof as a bonafide employee of this company.
From India, Mumbai
1.is there any platform like the prime minister's grievance cell, where he may complain injustice has happened to him.
2.what is the legal right as per various laws, or as per law, what benefit & compensation he will deserve(Please mention any previous & current gazette notification about mention this type situation if happened)
3.where &how he will file or lodge a grievance for getting his legal rights. also mention the procedure.
4.Any thing as per your view which will help to give justice to him.
NOTE- at the time of retrenchment he have already fulfilled more than 10 month his service,got an offer letter, still now not got any Appointment letter, but pf, ESI has deducted from his salary. he have some legal proof as a bonafide employee of this company.
From India, Mumbai
Dear Panda,
Termination of employment of a workman on performance issues should be preceded by certain procedural formalities which seem to be completely missing in the case you described. Better ask your friend to raise an industrial dispute u/s 2-A(1) of the Industrial Disputes Act, 1947 before the Asst Commissioner of Labor for the area where the industry is situated.
From India, Salem
6016Termination of employment of a workman on performance issues should be preceded by certain procedural formalities which seem to be completely missing in the case you described. Better ask your friend to raise an industrial dispute u/s 2-A(1) of the Industrial Disputes Act, 1947 before the Asst Commissioner of Labor for the area where the industry is situated.
From India, Salem
Dear Shri Panda,
Ask your friend to file a complaint in the office of the District Labour Office of the area where the Sponge Iron Plant is existing to challenge his Termination of employment. The authority would decide whether the termination is legal or illegal on strength of case. In my view, it would be better, your friend should take the help of a lawyer to make his stand strong for suitable result.
Regards
8093097934
From India, Mumbai
Ask your friend to file a complaint in the office of the District Labour Office of the area where the Sponge Iron Plant is existing to challenge his Termination of employment. The authority would decide whether the termination is legal or illegal on strength of case. In my view, it would be better, your friend should take the help of a lawyer to make his stand strong for suitable result.
Regards
8093097934
From India, Mumbai
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf