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Wrongful Termination during Covid-19 Lockdown
4 years ago
What are remedial steps against employer to get my salary and compensation against Wrongful termination by alleging of False allegations by company in noida u.p? I am facing Finacial Crisis, What is the best legal steps available to me?
Naveen Sharma
Responded 4 years ago
A.If your status is that of an employee then file a suit in the District Courts at NOIDA seeking compensation for wrongful termination, it should be termination without your consent or without signing a full and final settlement with the employer. If you fall within the category of workman, then file an application before the Labour & Industrial Court for compensation and reinstatement.
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A.Employment Lawsfor Multinational Companies in Indiahttps://singhania.in/wp-content/uploads/2019/08/Employment-Law-Primer-For-Multinational-Companies-In-India-2019.pdf==========================================================https://labour.gov.in/advisories-covid-19EMPLOYEE CIRCULARS BY LABOUR DEPARTMENT Section 12 in TheIndustrial Disputes Act, 194712.Duties of conciliation officers.-(1) Where any industrialdispute exists or is apprehended, the conciliation officer may, or where thedispute relates to a public utility service and a notice under section 22 hasbeen given, shall hold conciliation proceedings in the prescribed manner.(2) The conciliationofficer shall, for the purpose of bringing about a settlement of the dispute,without delay, investigate the dispute and all matters affecting the merits andthe right settlement thereof and may do all such things as he thinks fit forthe purpose of inducing the parties to come to a fair and amicable settlementof the dispute.(3) If a settlement ofthe dispute or of any of the matters in dispute is arrived at in the course ofthe conciliation proceedings the conciliation officer shall send a reportthereof to the appropriate Government 1 or an officerauthorised in this behalf by the appropriate Government] together with amemorandum of the settlement signed by the parties to the dispute.(4) If no such settlementis arrived at, the conciliation officer shall, as soon as practicable after theclose of the investigation, send to the appropriate Government a full reportsetting forth the steps taken by him for ascertaining the facts andcircumstances relating to the dispute and for bringing about a settlement thereof,together with a full statement of such facts and circumstances, and the reasonson account of which, in his opinion, a settlement could not be arrived at.(5) If, on aconsideration of the report referred to in sub- section (4), the appropriateGovernment is satisfied that there is a case for reference to a Board, 2 LabourCourt, Tribunal or National Tribunal,] it may make such reference. Where theappropriate Government does not make such a reference it shall record andcommunicate to the parties concerned its reasons therefor.(6) A report under thissection shall be submitted within fourteen days of the commencement of theconciliation proceedings or within such shorter period as may be fixed by theappropriate Government: 3 Provided that, 4 subjectto the approval of the conciliation officer,] the time for the submission ofthe report may be extended by such period as may be agreed upon in writing by allthe parties to the dispute.]
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Ayantika Mondal @ Prime Legal
Responded 4 years ago
A.Hi Abhishek,
Not sure on what grounds do the HR/ corporate asks to submit resignation. If this is for Coivd/19, then it is illegal. Don't give resignation.
In ordinary scenarios, the company has the right to lay off by following the rules and regulations.
But at the present situation is different than the ordinary, unprecedented and rare unforecastable, as per the directive of the govt. the employers to close/shut their organization and no question of the movement of employees. ( except the exempted one). And the Disaster Management Act (DM) is empowered to make rules and advisory and issued by the Ministry on different dates No employer can withhold or deny any wages or terminate their services and lay off also not permissible. Disobedience of the same, the authorities are empowered to take action under section 186, 188, 267, 270, 271 of IPC Rw 51 and 54 of DM act.
You may approach the labor inspector with details complaint.
Not sure on what grounds do the HR/ corporate asks to submit resignation. If this is for Coivd/19, then it is illegal. Don't give resignation.
In ordinary scenarios, the company has the right to lay off by following the rules and regulations.
But at the present situation is different than the ordinary, unprecedented and rare unforecastable, as per the directive of the govt. the employers to close/shut their organization and no question of the movement of employees. ( except the exempted one). And the Disaster Management Act (DM) is empowered to make rules and advisory and issued by the Ministry on different dates No employer can withhold or deny any wages or terminate their services and lay off also not permissible. Disobedience of the same, the authorities are empowered to take action under section 186, 188, 267, 270, 271 of IPC Rw 51 and 54 of DM act.
You may approach the labor inspector with details complaint.
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