Please advise, one of my friends was working in a sponge production company in Odisha as a Training & Development officer. His company's management has illegally terminated him from his service without following any disciplinary procedure. On his termination paper, it has been stated that he was terminated due to poor performance at work, but the actual reason is that in September 2020, he tested positive for COVID-19. After his positive test, many of his factory staff also tested positive for COVID-19. His management suspects that this chain of COVID-19 cases started from him, and for this reason, they terminated his employment. However, to cover up their mistake, they falsely stated on his termination paper that he is an underperforming worker. Now, my question is:
Is there a platform for reporting injustice?
1. Is there a platform like the Prime Minister's grievance cell where he can report the injustice that has happened to him?
Legal rights and compensation
2. What are his legal rights according to various laws, and what benefits and compensation does he deserve? Please mention any previous and current gazette notifications related to such situations if available.
Filing a grievance
3. Where and how can he file a grievance to secure his legal rights? Please outline the procedure.
Steps to ensure justice
4. In your view, what steps could be taken to ensure justice for him?
Note: At the time of his termination, he had completed more than 10 months of service, received an offer letter, but has not been provided with an appointment letter yet. However, PF and ESI deductions were made from his salary. He has some legal proof of being a bonafide employee of this company.
From India, Mumbai
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Is there a platform for reporting injustice?
1. Is there a platform like the Prime Minister's grievance cell where he can report the injustice that has happened to him?
Legal rights and compensation
2. What are his legal rights according to various laws, and what benefits and compensation does he deserve? Please mention any previous and current gazette notifications related to such situations if available.
Filing a grievance
3. Where and how can he file a grievance to secure his legal rights? Please outline the procedure.
Steps to ensure justice
4. In your view, what steps could be taken to ensure justice for him?
Note: At the time of his termination, he had completed more than 10 months of service, received an offer letter, but has not been provided with an appointment letter yet. However, PF and ESI deductions were made from his salary. He has some legal proof of being a bonafide employee of this company.
From India, Mumbai
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Termination of employment of a workman due to performance issues should be preceded by certain procedural formalities, which appear to be completely missing in the case you described. It would be advisable to suggest to your friend to raise an industrial dispute under Section 2-A(1) of the Industrial Disputes Act, 1947, before the Assistant Commissioner of Labor for the area where the industry is situated.
Thank you.
From India, Salem
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6108Thank you.
From India, Salem
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Please ask your friend to file a complaint at the office of the District Labour Office in the area where the Sponge Iron Plant is located to challenge his termination of employment. The authority will determine whether the termination is legal or illegal based on the strength of the case. In my opinion, it would be advisable for your friend to seek the assistance of a lawyer to strengthen his position for a favorable outcome.
Regards, [Phone Number Removed For Privacy-Reasons]
From India, Mumbai
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Regards, [Phone Number Removed For Privacy-Reasons]
From India, Mumbai
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Employee-grieva nce-guide_394.p df
Employee Grievance Redressal.ppt