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Author Topic: employment  (Read 313 times)

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Offline sudhakaranvt

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employment
« on: January 04, 2017, 02:40:32 AM »
A public limited company in Mumbai , without any discussion with their employees,

- ask certain employees to resign and leave the company.
- for some employees they have given contractual appointment letter with less salary and with duty only 2 or 3 days in week. Monday, Wednesday & Friday
- full & final settlement, gratuity, retrenchment compensation etc are not paid to such employees even after one month from the date of forced resignation/retrenchment.
- salary for last 7 months are still pending

These employees are working with the company for the last 20 -25 years. If the company justify retrenchment is due to business conditions, then 'last come first go' method should have been applied.

As per my understanding, the above practices are against the laid down laws & regulations of the Country.

I request your expert opinion on the following;

- Whether a company in India can retrench an employee without following any procedures and without paying their full & final dues, salary dues, notice pay, gratuity etc.
- Whether the contractual appointment letter has any legal validity while the regular employee has not accepted the terms of the contract and attending office regularly.
- In case of managers who not have sub-ordinates and do not sanction leave to anyone, whether can he approach courts in the above cases ?
- whether employees can approach court and claim compensation on account of mental harassment due to the above.

What are the immediate options available with the employees

Kindly advise.

Offline riteshmaity

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Re: employment
« Reply #1 on: January 04, 2017, 11:28:49 AM »
First of all, your query requires going through each and every documents before advising you. Since it is a serious issue and involves many workmen, it is better to get legal aid involved from the beginning. Just by reading your post, I can give the following answers:

- Whether a company in India can retrench an employee without following any procedures and without paying their full & final dues, salary dues, notice pay, gratuity etc.
Retrenchment has to be done by following rules. If any ingredient is not followed by the company, then such retrenchment becomes illegal.


- Whether the contractual appointment letter has any legal validity while the regular employee has not accepted the terms of the contract and attending office regularly.
Query is slightly unclear. If the contract is found to be a sham contract, then such contractual employees become the employees of the Principle employer. Thorough details is required regarding the contractor, employees, principle employer etc.


- In case of managers who not have sub-ordinates and do not sanction leave to anyone, whether can he approach courts in the above cases ?
Prima facie, yes. A workman under the Industrial Disputes Act is decided by his nature of job and NOT his designation. If the concerned employee falls within the purview of 'workman' under the Act, then he can definitely knock at the door of Labour Court/ Industrial Tribunal.


- whether employees can approach court and claim compensation on account of mental harassment due to the above.
 Labour court does not award compensation for mental harassment but generally pass award of reinstatement and back wages. And frankly getting compensation for mental harassment is hard in any court as it is very difficult to prove mental harassment and quantum of suffering due to such mental harassment.
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Offline stellafrancis

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Re: employment
« Reply #2 on: January 06, 2017, 09:39:15 PM »
The condition of the employees of the public limited company is so pity. I am also an employee working in a top essay writing service company. Our authorities behavior towards the employees is in a respective way.

 

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