Termination without due notice as per appointment order.
V.Krishnamoorthy
(Querist) 18 February 2015
This query is : Resolved
A was terminated without giving notice as per appointment order. Claim was made under registered letter and also referring to the Labour Commissioner. As the employer is unwilling to settle the account on concocted stories, the labour commissioner advised A to take up the matter through labour court. Will some one guide me under which section and act I can move the labour court.
Devajyoti Barman
(Expert) 19 February 2015
Yes, if the matter is not solved through conciliation proceeding then labour court is only option left.
Rajendra K Goyal
(Expert) 19 February 2015
If the matter is not resolved through conciliation proceedings move to labour court. Consult local lawyer dealing in labour matters.
V.Krishnamoorthy
(Querist) 20 February 2015
Can any one suggest which Act and Section A has to follow, if proceeds through Labour Court.
T. Kalaiselvan, Advocate
(Expert) 20 February 2015
You dont worry about the act or section to pursue the case through labor court, just take the assistance of a lawyer practising in labor laws, he will take care of all your concerns.
SAINATH DEVALLA
(Expert) 10 April 2015
Most employers find dismissal of an employee to be a difficult process regardless of the reasons for the dismissal. However, when a dismissal is necessary, it is important for the employer too.
Be informed about and comply with legislation
Treat the employee fairly and act in good faith
Handle the termination process in a professional way that preserves the employee's dignity
Be careful about how much information is communicated to others about the facts and reasons for the termination
Termination, as discussed in this section, is an action taken by the employer to end the employer/employee relationship. Employers have a basic right to terminate the employment of an employee, but along with that right comes responsibilities. Employers must comply with the employment/labour standards and human rights legislation for their jurisdiction and beyond that, employers must treat employees fairly and in good faith as defined by common law or civil law.
