Termination
3 months ago
In my contract it was mentioned that I shall have 6 month of notice period later they increased without letting me know and fired me after 9 months suddenly and saying you were not a permanent member for would not get 60 days of notice period as per the contract or policy, given for 29 days. And if se new policy comes for notice period it has to be signed from me or they can directly apply by themself?
There is no provision for 6 months notice period under the governing laws that govern the relationship between an employee and employer. It might be a probationary period which may be extended by an employer if required based on your performance and ability to grasp the jobs assigned. A Probationer is not treated as an employee in the permanent role of the Company, so standing rules or regulations do not apply to the probationer to regulate or resolve the dispute between a probationer and an employer. The only law in India that deals with probation is the Industrial Employment Standing Order Act, 1946, which applies to any organization or company with at least 100 active permanent employees at any point of time. Any agreement or terms/condition of employment of a probationer cannot override the Standing orders laid down in the said Act. An employer cannot terminate an employee and even probationer from a job or service without serving a 30 day's notice in compliance with Clause 13(1) of model Standing Orders applicable in an establishment in the absence of certified Standing Orders under Industrial Employment(Standing Orders) Act, 1946 which amounts to illegal termination from service. So in the prevailing situation, it may be suggested that 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 for such an arbitrary action and illegal termination from employment, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance failing which you may file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues from your employer. Otherwise, you have to file a civil suit before the Civil Court for appropriate relief in the matter serving a legal notice to the employer.
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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