Mental Harassment by Shipping Company Agent
7 months ago
A shipping company agency in Mumbai having a Fleet Manager is terminating my employment without giving any explanation or reason inspite of being asked valid reasons. Has kept decision on hold for 5 months now causing my and my family trauma and stress. He has purposely delayed and dragged it for 5 months. Can I file a case for harassment and mental trauma and affecting my livelihood. As he is unable to justify why I am being terminated.
A.Dear client,
However, it is against the employee termination policy in India to terminate the employee without providing valid reason. The reasons need to be stated and the employees should be given the due chance to explain themselves.
You can file a lawsuit against the employer for wrongful termination in the Labour Court. The court can order the employer to restore you at your job and pay damages for wrongfully terminating you.
However, it is against the employee termination policy in India to terminate the employee without providing valid reason. The reasons need to be stated and the employees should be given the due chance to explain themselves.
You can file a lawsuit against the employer for wrongful termination in the Labour Court. The court can order the employer to restore you at your job and pay damages for wrongfully terminating you.
Helpful
Helpful
Share
A.Dear Client,
An employee either on probation or regular employment is governed by the contract of employment i.e, an offer letter issued by the company at the time of joining. In this situation, you need to review the terms and condition of your offer letter carefully to find out whether the action of the Company is or are contradictory to the terms of your contract of employment. Termination from employment without serving notice may be termed as illegal termination/retrenchment and amount to unfair labour practice on the part of the Employer. Without complying with the mandatory provision of Sec.25-N of I D Act, 1947, and Rules 76, and 76-A of ID(Central) Rules, 1957 and in the absence of permission of the Appropriate Authority, No employer can retrench/terminate his employee which amounted to victimization and unfair labour practice. So if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then in the absence of compliance of the above provision of law, after serving a legal notice to the Company, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for arbitrary and illegal retrenchment from employment without compliance of the mandatory provisions of I D Act failing which you can also raise an industrial dispute u/s.2A of I D Act directly before the Central Govt. Industrial Tribunal or State Industrial Tribunal depending upon the class of establishment you belong claiming reinstatement in service with back wages. Apart you can also file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues from your employer In case you need any assistance in the matter of drafting the complaint or raising a dispute under I D Act before the Industrial Tribunal you may contact our legal team with the relevant papers.
An employee either on probation or regular employment is governed by the contract of employment i.e, an offer letter issued by the company at the time of joining. In this situation, you need to review the terms and condition of your offer letter carefully to find out whether the action of the Company is or are contradictory to the terms of your contract of employment. Termination from employment without serving notice may be termed as illegal termination/retrenchment and amount to unfair labour practice on the part of the Employer. Without complying with the mandatory provision of Sec.25-N of I D Act, 1947, and Rules 76, and 76-A of ID(Central) Rules, 1957 and in the absence of permission of the Appropriate Authority, No employer can retrench/terminate his employee which amounted to victimization and unfair labour practice. So if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then in the absence of compliance of the above provision of law, after serving a legal notice to the Company, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for arbitrary and illegal retrenchment from employment without compliance of the mandatory provisions of I D Act failing which you can also raise an industrial dispute u/s.2A of I D Act directly before the Central Govt. Industrial Tribunal or State Industrial Tribunal depending upon the class of establishment you belong claiming reinstatement in service with back wages. Apart you can also file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues from your employer In case you need any assistance in the matter of drafting the complaint or raising a dispute under I D Act before the Industrial Tribunal you may contact our legal team with the relevant papers.
Helpful
Helpful
Share
Read Related Answers
Mental tourture by ex girlfriend
Dear Client,
It is a clear case of harassment and it is advisable that your fiance to file a complaint than you directly . your fiance can file a case of harassment under sec 509 of IPC for harassing...
Right to life
Dear Client,
Any ventures or commercial activities affecting the health and life of the common public at large require mass protests to attract the attention of the higher authorities. In the given sc...
Are husbands not allowed to see heartbeat in early pregnancy ultrasound scan
Dear Sir,
Please contact concerned medical experts and health department to know the present status of above narrated issue.
Fibresheet roofing
Dear Client,
If there is any registered Society or Association of the buildings, then you can bring the matter to their notice for a resolution in the matter. Otherwise, in a standalone building, the...
I have been having a toxic relationship
Dear Client,
When you are experiencing such type of continuous threat to your safety and security including mental and physical harassment in-house, you can get in touch with a social worker or NGO w...
Read Blogs on Human Rights
Human Rights Lawyers
Find Lawyers by Location
