Termination from Job
2 months ago
I would like to ask you that if I ask to my manager for coming late on shit in person when we were outside office premises and after taking that permission I went late to office and I was terminated saying that you were given a verbal warning that if come late you will he given q warning letter and they gave me termination from my job when I was in real need and there was no complaints from my manager for my work.
If you face termination from your job, the established procedure mandates the issuance of a show-cause notice and the conduct of a domestic inquiry to ensure the principles of natural justice. According to the model standing order under the Industrial Employment (Standing Orders) Act, 1946, habitual late attendance is considered misconduct. Typically, a single instance of late attendance warrants a warning, not extreme disciplinary action. Such harsh measures could be deemed illegal termination. If you qualify as a workman under Sec.2(s) of the I D Act, consider sending a legal notice to your employer, filing a complaint for illegal termination with the Labour Commissioner, or raising an industrial dispute directly with the Industrial Tribunal to seek reinstatement and back wages.
Thankyou
For any termination from a job a show cause notice must be served to an employee and a domestic inquiry is required to be held on the charge leveled against the employee following the principle of natural justice before taking any type of punitive action against him based on the inquiry report. Habitual late attendance is misconduct as per the model standing order under the Industrial Employment (Standing Orders) Act, 1946. So late attendance merely on a single occasion normally attracts a warning letter but that does not attract capital punishment which is harsh in comparison to misconduct and such an action on the part of the management may be termed as illegal termination from the employment. So, in the prevailing situation, if you are a workman as defined under Sec.2(s) of the I D Act. then, serving a legal notice to your employer/company, file a complaint against them for illegal termination before the concerned Labour Commissioner for redressal of your grievance failing which you can raise an industrial dispute directly before the concerned Industrial Tribunal under Sec.2A of the I D Act seeking reinstatement in service with back wages. Or else an employee who is holding the position of the manager/supervisory category has to pursue a civil suit before a Civil Court for redressal of his grievance. Reach out to an Advocate for serving legal notice to the Company and for taking suitable steps against illegal termination from service.
A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(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 conciliationofficer 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.]
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employer prevented to join other workplace
Forcefull overtime on weekends with Half day salary
Obc ncl
Pf overlaping issue
Pf exit date noy done by employer
