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Terminating a protected workman in India is a sensitive matter and should be handled with utmost care, adhering to the laws and regulations. Here's a step-by-step guide:
1. Documentation: Ensure all documentation related to the employee's performance, behavior, or any other issues are well-documented and updated. This will serve as evidence if any dispute arises.
2. Show Cause Notice: If the employee's conduct is found to be unsatisfactory, a show cause notice should be issued asking the employee to explain their behavior or performance.
3. Inquiry: If the response to the show cause notice is not satisfactory, an internal inquiry should be conducted. The employee should be given a fair chance to present their case.
4. Report: Based on the inquiry, a report should be prepared. If the report suggests that the employee is guilty, then the next step can be taken.
5. Permission from the Labour Court: As per Section 33(3) of the Industrial Disputes Act, 1947, permission should be obtained from the Labour Court or Tribunal before terminating a protected workman.
6. Termination: If the Labour Court or Tribunal grants permission, then the employee can be terminated as per the terms and conditions mentioned in the employment contract.
Remember, it's essential to follow due process and maintain transparency throughout the process to avoid legal complications. Always consult with a legal expert or HR consultant to ensure compliance with all labour laws and regulations.
From India, Gurugram
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1. Documentation: Ensure all documentation related to the employee's performance, behavior, or any other issues are well-documented and updated. This will serve as evidence if any dispute arises.
2. Show Cause Notice: If the employee's conduct is found to be unsatisfactory, a show cause notice should be issued asking the employee to explain their behavior or performance.
3. Inquiry: If the response to the show cause notice is not satisfactory, an internal inquiry should be conducted. The employee should be given a fair chance to present their case.
4. Report: Based on the inquiry, a report should be prepared. If the report suggests that the employee is guilty, then the next step can be taken.
5. Permission from the Labour Court: As per Section 33(3) of the Industrial Disputes Act, 1947, permission should be obtained from the Labour Court or Tribunal before terminating a protected workman.
6. Termination: If the Labour Court or Tribunal grants permission, then the employee can be terminated as per the terms and conditions mentioned in the employment contract.
Remember, it's essential to follow due process and maintain transparency throughout the process to avoid legal complications. Always consult with a legal expert or HR consultant to ensure compliance with all labour laws and regulations.
From India, Gurugram
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The management can Terminate a protected workman.
There is no immunity available to a workman, if found guilty.
The written permission from the authority is required for an ongoing industrial dispute or otherwise can be dismissed on the basis of enquiry findings, and termination is the only punishment as under the standing orders.
In many a times union nominate someone else in place of the workman. The workman can be terminated by the terms of appointment with a notice Or payment in lieu of that.
From India, Mumbai
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There is no immunity available to a workman, if found guilty.
The written permission from the authority is required for an ongoing industrial dispute or otherwise can be dismissed on the basis of enquiry findings, and termination is the only punishment as under the standing orders.
In many a times union nominate someone else in place of the workman. The workman can be terminated by the terms of appointment with a notice Or payment in lieu of that.
From India, Mumbai
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Why? Just because he happens to be protected or there has been some wrong doing on his part?
From India, Kochi
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From India, Kochi
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COMPANY DEMOBLISED PERSON FROM 31ST DEC 2025, BECAUSE THE CLIENT OF THE COMPANY IS NOT REQUIRED THAT PERSON. IS THIS PERSON ELIGIBLE FOR GRATUITY AND OTHERS. CAN PLEASE REPLY.
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(Fact Checked)-If the person has served for 5 years, they're eligible for gratuity as per the Payment of Gratuity Act, 1972. (1 Acknowledge point)
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"Protection" is available only in respect of changing the service conditions and disciplinary action connected with the dispute under conciliation or before the Court. It can not be extended to misconduct not related to the dispute. If a protected workman has to be removed from service, permission from the authority, Conciliation Officer, Labour Court or Tribunal, as the case may be, should be obtained.
@Nagaraja, we believe that by 'demobilisation' you mean termination only. If your client does not require the service of a person under your rolls, you can change him from that client and ask him to work in another project. If you do not have any other project where he can be put, you can terminate him following the procedures as per contract of employment or following section 70 of the IR Code, 2020 (which corresponds to section 25F of the repealed Industrial Disputes Act, 1947). Termination of a worker who has worked at least for 240 days in the preceding 12 months without notice and without paying compensation is illegal. Compensation shall be equal to 15 days' wages for every completed year of service. If the employee has been in continuous service for more than five years, naturally, he should be paid gratuity also.
If the employee was appointed on a fixed term contract, and his contract is coming to an end on 31st December 2025, then he should be given gratuity. If he was not on FTC, then no gratuity is payable. But if the pre fixed period is not 31st December, then terminating his service before the due date will have the effect of retrenchment and then compensation will be applicable.
From India, Kannur
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@Nagaraja, we believe that by 'demobilisation' you mean termination only. If your client does not require the service of a person under your rolls, you can change him from that client and ask him to work in another project. If you do not have any other project where he can be put, you can terminate him following the procedures as per contract of employment or following section 70 of the IR Code, 2020 (which corresponds to section 25F of the repealed Industrial Disputes Act, 1947). Termination of a worker who has worked at least for 240 days in the preceding 12 months without notice and without paying compensation is illegal. Compensation shall be equal to 15 days' wages for every completed year of service. If the employee has been in continuous service for more than five years, naturally, he should be paid gratuity also.
If the employee was appointed on a fixed term contract, and his contract is coming to an end on 31st December 2025, then he should be given gratuity. If he was not on FTC, then no gratuity is payable. But if the pre fixed period is not 31st December, then terminating his service before the due date will have the effect of retrenchment and then compensation will be applicable.
From India, Kannur
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(Fact Checked)-Your explanation is correct and comprehensive. It accurately reflects the provisions of the IR Code, 2020 and Industrial Disputes Act, 1947. Well done! (1 Acknowledge point)
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Terminating a “Protected Workman” in India involves a legally sensitive procedure that differs from normal termination. It is primarily governed by the Industrial Disputes Act, 1947 (ID Act) and is interpreted strictly by courts. Here is a step-by-step explanation with relevant Acts and Sections.
1. Definition of a “Protected Workman”
According to Section 33(3) & 33(4) of the Industrial Disputes Act, 1947, a Protected Workman is an office bearer (such as President, Secretary, Treasurer, etc.) of a registered trade union recognized by the employer. This protection applies during the pendency of an industrial dispute and applies to a maximum of 1% of total workmen, with a minimum of 5 and a maximum of 100. The status is typically granted annually upon request by the union.
2. Core Legal Principle
A protected workman cannot be dismissed, discharged, or punished without PRIOR permission from the adjudicating authority, even if misconduct is proven.
3. Governing Legal Provisions
The Industrial Disputes Act, 1947 governs the dismissal of a protected workman. Key sections include Section 33(3) which mandates prior permission, Section 33(4) which defines and outlines the scope of a protected workman, Section 33A which is a complaint by a workman if Section 33 is violated, and Section 25F which outlines retrenchment conditions (if applicable).
4. Legal Procedure to Terminate a Protected Workman
Step 1: Confirm Protected Status
First, verify if the employee has officially been declared a Protected Workman and if an industrial dispute is pending before the Labour Court, Industrial Tribunal, or National Tribunal. If no dispute is pending, Section 33 does not apply, but termination must still follow principles of natural justice.
Step 2: Identify Grounds for Termination
Termination can only be proposed on valid grounds such as proven misconduct, loss of confidence (rarely accepted), or closure (with additional safeguards). Retrenchment or punitive action without misconduct is rarely permitted for protected workmen.
Step 3: Conduct a Domestic Enquiry
Issue a charge sheet and allow for a reply by the workman and representation (including union assistance). Cross-examination of witnesses should be allowed, and the principles of natural justice must be followed. The enquiry must be fair, unbiased, and properly documented.
Step 4: Apply for PRIOR PERMISSION
As per Section 33(3) of the Industrial Disputes Act, 1947, before issuing a dismissal order, the employer must file an application seeking permission from the Labour Court / Tribunal where the dispute is pending. This application must include the charge sheet, enquiry proceedings, enquiry officer’s findings, evidence, and proposed punishment. No termination order can be passed until permission is granted.
Step 5: Hearing Before the Authority
The authority examines the fairness of the enquiry, the prima facie case of misconduct, and the absence of victimization or unfair labour practice. The workman is given an opportunity to contest.
Step 6: Decision of Authority
If permission is granted, the employer may issue a termination or dismissal order, which then becomes legally valid. If permission is refused, the termination becomes illegal, and the workman continues in service with full protection.
5. If Employer Violates Section 33
If Section 33 is violated, the termination is void ab initio (invalid from the beginning). The workman is entitled to reinstatement and back wages and can file a complaint under Section 33A of the Industrial Disputes Act.
6. Important Supreme Court Principles
Courts have repeatedly held that protected workmen enjoy higher statutory protection. The employer must prove that there is no mala fide intention or union-busting motive. Even minor procedural lapses can invalidate termination.
7. Summary Table
| Step | Requirement | Section |
| ------------------------- | -------------------- | ------------------- |
| Identify protected status | Union office bearer | Sec 33(4) |
| Pending dispute | Mandatory condition | Sec 33 |
| Domestic enquiry | Natural justice | Judicial principles |
| Prior permission | Before termination | Sec 33(3) |
| Violation remedy | Complaint by workman | Sec 33A |
8. Practical Note
Terminating a protected workman is one of the most litigated HR actions in India. Employers usually seek legal opinions before initiating action.
From India, Mumbai
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1. Definition of a “Protected Workman”
According to Section 33(3) & 33(4) of the Industrial Disputes Act, 1947, a Protected Workman is an office bearer (such as President, Secretary, Treasurer, etc.) of a registered trade union recognized by the employer. This protection applies during the pendency of an industrial dispute and applies to a maximum of 1% of total workmen, with a minimum of 5 and a maximum of 100. The status is typically granted annually upon request by the union.
2. Core Legal Principle
A protected workman cannot be dismissed, discharged, or punished without PRIOR permission from the adjudicating authority, even if misconduct is proven.
3. Governing Legal Provisions
The Industrial Disputes Act, 1947 governs the dismissal of a protected workman. Key sections include Section 33(3) which mandates prior permission, Section 33(4) which defines and outlines the scope of a protected workman, Section 33A which is a complaint by a workman if Section 33 is violated, and Section 25F which outlines retrenchment conditions (if applicable).
4. Legal Procedure to Terminate a Protected Workman
Step 1: Confirm Protected Status
First, verify if the employee has officially been declared a Protected Workman and if an industrial dispute is pending before the Labour Court, Industrial Tribunal, or National Tribunal. If no dispute is pending, Section 33 does not apply, but termination must still follow principles of natural justice.
Step 2: Identify Grounds for Termination
Termination can only be proposed on valid grounds such as proven misconduct, loss of confidence (rarely accepted), or closure (with additional safeguards). Retrenchment or punitive action without misconduct is rarely permitted for protected workmen.
Step 3: Conduct a Domestic Enquiry
Issue a charge sheet and allow for a reply by the workman and representation (including union assistance). Cross-examination of witnesses should be allowed, and the principles of natural justice must be followed. The enquiry must be fair, unbiased, and properly documented.
Step 4: Apply for PRIOR PERMISSION
As per Section 33(3) of the Industrial Disputes Act, 1947, before issuing a dismissal order, the employer must file an application seeking permission from the Labour Court / Tribunal where the dispute is pending. This application must include the charge sheet, enquiry proceedings, enquiry officer’s findings, evidence, and proposed punishment. No termination order can be passed until permission is granted.
Step 5: Hearing Before the Authority
The authority examines the fairness of the enquiry, the prima facie case of misconduct, and the absence of victimization or unfair labour practice. The workman is given an opportunity to contest.
Step 6: Decision of Authority
If permission is granted, the employer may issue a termination or dismissal order, which then becomes legally valid. If permission is refused, the termination becomes illegal, and the workman continues in service with full protection.
5. If Employer Violates Section 33
If Section 33 is violated, the termination is void ab initio (invalid from the beginning). The workman is entitled to reinstatement and back wages and can file a complaint under Section 33A of the Industrial Disputes Act.
6. Important Supreme Court Principles
Courts have repeatedly held that protected workmen enjoy higher statutory protection. The employer must prove that there is no mala fide intention or union-busting motive. Even minor procedural lapses can invalidate termination.
7. Summary Table
| Step | Requirement | Section |
| ------------------------- | -------------------- | ------------------- |
| Identify protected status | Union office bearer | Sec 33(4) |
| Pending dispute | Mandatory condition | Sec 33 |
| Domestic enquiry | Natural justice | Judicial principles |
| Prior permission | Before termination | Sec 33(3) |
| Violation remedy | Complaint by workman | Sec 33A |
8. Practical Note
Terminating a protected workman is one of the most litigated HR actions in India. Employers usually seek legal opinions before initiating action.
From India, Mumbai
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(Fact Checked)-Your detailed explanation of the termination process of a protected workman in India is accurate and well-structured. Good job on citing the relevant sections of the Industrial Disputes Act, 1947. (1 Acknowledge point)
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(Fact Checked)-Your reply is mostly correct. However, it's important to note that termination of a protected workman in India requires prior permission from the concerned authority under Section 33(3) of the Industrial Disputes Act, 1947. Keep sharing your knowledge! (1 Acknowledge point)