Mental Harassment by ex employer
4 weeks ago
I had taken a loan of 2 lakh from my boss which he never asked me during my employment in a proprietorship company. There was no offer letter or experience letter given to me even after asking so many times. I got married recently so i asked my boss for leave of month which was unpaid. But when i asked them to rejoin they kicked me out without intimation. I lost 2 jobs because he is giving a bad reference of mine and harassing me by calling my friends to call him. I blocked him everywhere so he is trying to harass me this way. Can i take a legal action against my ex employer?
A.Dear Client,
In cases of termination without notice, it constitutes illegal termination and falls under the purview of industrial disputes as defined by Section 2A of the Industrial Dispute Act, 1947. This also violates the mandatory provisions outlined in Sections 25F and 25N of the Act, which specify conditions that employers must adhere to before terminating or retrenching an employee.
If you are classified as a workman under Section 2(s) of the Industrial Dispute Act and have been terminated without notice, you have the right to raise an industrial dispute directly before the Industrial Tribunal or Labor Court within three years from the date of termination. This can be initiated by serving a legal notice to the company and subsequently filing a complaint before the relevant authorities.
However, if you hold a managerial or administrative position within the company, your recourse may involve filing a civil suit before the Civil Court to seek appropriate relief in the matter.
It's important to understand your classification under the Industrial Dispute Act and seek legal counsel to determine the most suitable course of action based on your specific circumstances.
In cases of termination without notice, it constitutes illegal termination and falls under the purview of industrial disputes as defined by Section 2A of the Industrial Dispute Act, 1947. This also violates the mandatory provisions outlined in Sections 25F and 25N of the Act, which specify conditions that employers must adhere to before terminating or retrenching an employee.
If you are classified as a workman under Section 2(s) of the Industrial Dispute Act and have been terminated without notice, you have the right to raise an industrial dispute directly before the Industrial Tribunal or Labor Court within three years from the date of termination. This can be initiated by serving a legal notice to the company and subsequently filing a complaint before the relevant authorities.
However, if you hold a managerial or administrative position within the company, your recourse may involve filing a civil suit before the Civil Court to seek appropriate relief in the matter.
It's important to understand your classification under the Industrial Dispute Act and seek legal counsel to determine the most suitable course of action based on your specific circumstances.
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A.Dear Client,
Termination without notice amounts to illegal termination and is defined as an industrial dispute under Section 2A of the Industrial Dispute Act, 1947 which also violated the mandatory provision of Sec.25F and 25N of the Act that prescribed certain conditions to comply with by the employer before termination/retrenchment of a workman/employee from the employment. In that scenario, the terminated employee/workman can raise an industrial dispute directly before the Industrial Tribunal/Labor Court concerned for adjudication within three years from the date of termination/retrenchment. 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 after serving a legal notice to the Company, you should raise an Industrial dispute directly before the State Govt. Industrial Tribunal under Sec.2A of the I D Act. Otherwise, in case you are holding the position of Manager/Administrative Officer in the Company, you have to file a civil suit before the Civil Court seeking appropriate relief in the matter.
Termination without notice amounts to illegal termination and is defined as an industrial dispute under Section 2A of the Industrial Dispute Act, 1947 which also violated the mandatory provision of Sec.25F and 25N of the Act that prescribed certain conditions to comply with by the employer before termination/retrenchment of a workman/employee from the employment. In that scenario, the terminated employee/workman can raise an industrial dispute directly before the Industrial Tribunal/Labor Court concerned for adjudication within three years from the date of termination/retrenchment. 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 after serving a legal notice to the Company, you should raise an Industrial dispute directly before the State Govt. Industrial Tribunal under Sec.2A of the I D Act. Otherwise, in case you are holding the position of Manager/Administrative Officer in the Company, you have to file a civil suit before the Civil Court seeking appropriate relief in the matter.
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