Cancelled offer
4 years ago
Hi to all.
I was working in an 5 star hotel as room reservation executive, in feb i was selected in other hotel chain in pune.
That was telephonic and skype interview and they send me the confirmation letter on mail at 21st of feb.
On the basis of confirmation letter i serve one month notice period, my last working day was 23rd of march and joining date in pune was 25 of March.
Due to pandemic and lockdown I received a main on 20th that my date of joining has been postpone and they will update me 7 days prior regarding my joining date.
But Today I get a mail that they are unable to higher me.
Job was my only source of bread and butter.
Kindly suggest plz
Naveen Sharma
Responded 4 years ago
A.Practically speaking, you cannot force an employer to hire and neither would that be feasible unless you a factory worker protected by an active trade union. The only recourse available for you would be to file a case for compensation and damages as you acted on the basis of the confirmation letter issued by them and quit your current ongoing job. The recourse for damages also would require the incurring of legal expenses. So just think it over and take a decision what you want to do. In the meantime you should start looking for a job, which you will obviously get after the lockdown opens. So practically your position is precarious which would require you to seek and explore all options to sustain and survive. Contact your current/previous employer and try negotiating something about it. Lastly, issue a notice seeking compensation and damages to that person.
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A.Dear Sir,
You can fight legally on the basis of the following circulars.
Please give me Rank 5 if you feel my answers also helped you
=====================================================
https://labour.gov.in/advisories-covid-19
EMPLOYEE CIRCULARS BY LABOUR DEPARTMENT
========================================
Employment Lawsfor Multinational Companies in India
https://singhania.in/wp-content/uploads/2019/08/Employment-Law-Primer-For-Multinational-Companies-In-India-2019.pdf
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.-
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
Employment Lawsfor Multinational Companies in India
https://singhania.in/wp-content/uploads/2019/08/Employment-Law-Primer-For-Multinational-Companies-In-India-2019.pdf
You can fight legally on the basis of the following circulars.
Please give me Rank 5 if you feel my answers also helped you
=====================================================
https://labour.gov.in/advisories-covid-19
EMPLOYEE CIRCULARS BY LABOUR DEPARTMENT
========================================
Employment Lawsfor Multinational Companies in India
https://singhania.in/wp-content/uploads/2019/08/Employment-Law-Primer-For-Multinational-Companies-In-India-2019.pdf
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.-
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
Employment Lawsfor Multinational Companies in India
https://singhania.in/wp-content/uploads/2019/08/Employment-Law-Primer-For-Multinational-Companies-In-India-2019.pdf
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Ayantika Mondal @ Prime Legal
Responded 4 years ago
A.Hi,
we may approach hotel jurisdictional labor inspectors after the lockdown, please carry all the E-mail and a details complaint.
we may approach hotel jurisdictional labor inspectors after the lockdown, please carry all the E-mail and a details complaint.
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