Termination while on sick leave
2 months ago
I work for a private limited advertising agency in mumbai. I have been here for over 3 years.
I received a termination letter while I was on sick leave on Monday, the date of the termination says 29th January and that I will be starting my 2 months notice period the same day, ie. 29th January
Is it legal to start serving your notice while on leave ?
A.Dear client,
A workman may only be fired for convenience in line with the procedures outlined in the Industrial Disputes Act, 1947 (the "ID Act"). According to the ID Act, a worker who has completed 240 days of service, or at least one year of notice, may be fired with at least one month's notice or paid in lieu of notice. Retrenchment compensation, equal to 15 days of pay for each year of service completed, is also required. The procedure under IESO Act must be followed.
A workman can raise a dispute directly before a Conciliation Officer in the case of discharge, dismissal, retrenchment or any form of termination of service. In all other cases listed at Section 2, the dispute has to be raised by a Union / Management.
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A workman may only be fired for convenience in line with the procedures outlined in the Industrial Disputes Act, 1947 (the "ID Act"). According to the ID Act, a worker who has completed 240 days of service, or at least one year of notice, may be fired with at least one month's notice or paid in lieu of notice. Retrenchment compensation, equal to 15 days of pay for each year of service completed, is also required. The procedure under IESO Act must be followed.
A workman can raise a dispute directly before a Conciliation Officer in the case of discharge, dismissal, retrenchment or any form of termination of service. In all other cases listed at Section 2, the dispute has to be raised by a Union / Management.
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A.Dear Client,
Of course, the action of the management is not legal at all. The relationship between an employee or workman and an employer is always governed by the respective law of the land and the violation of which by either party shall make himself liable to face legal consequences. A termination of service of an employee other than a disciplinary action against proven misconduct is held as illegal termination and unfair labour practice. Sec.2A(1) of the Industrial Dispute Act, 1947 states that where any employer discharges, dismisses, retrenches, or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute and accordingly in view of the said provision of relevant law you can raise an industrial dispute over alleged illegal termination against the employer directly u/s.2A(2) of the Act either before the Central Govt. Industrial Tribunal or before the State Govt. Industrial Tribunal based on the class or sector of organization you belong to and as per sub-sec,3 of Sec.2A industrial dispute shall be made to the Labour Court or Tribunal before the expiry of three years from the date of discharge, dismissal, retrenchment, or otherwise termination of service as specified in sub-section (1) of Sec.2A of the Act. So, in the prevailing situation, 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 get in touch with an Advocate experienced in service matters for the service of an legal notice to the employer and for filing an application u/s.2A of the I D Act before the concerned Industrial Tribunal or Labour Court including filing of an application u/s.33C(2) of the Act claiming dues from the employer. In case you need any legal assistance in the matter, you may contact our legal team along with the relevant papers.
Of course, the action of the management is not legal at all. The relationship between an employee or workman and an employer is always governed by the respective law of the land and the violation of which by either party shall make himself liable to face legal consequences. A termination of service of an employee other than a disciplinary action against proven misconduct is held as illegal termination and unfair labour practice. Sec.2A(1) of the Industrial Dispute Act, 1947 states that where any employer discharges, dismisses, retrenches, or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute and accordingly in view of the said provision of relevant law you can raise an industrial dispute over alleged illegal termination against the employer directly u/s.2A(2) of the Act either before the Central Govt. Industrial Tribunal or before the State Govt. Industrial Tribunal based on the class or sector of organization you belong to and as per sub-sec,3 of Sec.2A industrial dispute shall be made to the Labour Court or Tribunal before the expiry of three years from the date of discharge, dismissal, retrenchment, or otherwise termination of service as specified in sub-section (1) of Sec.2A of the Act. So, in the prevailing situation, 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 get in touch with an Advocate experienced in service matters for the service of an legal notice to the employer and for filing an application u/s.2A of the I D Act before the concerned Industrial Tribunal or Labour Court including filing of an application u/s.33C(2) of the Act claiming dues from the employer. In case you need any legal assistance in the matter, you may contact our legal team along with the relevant papers.
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