Ngo- legal demand notice for terminating job of a employee at our ngo
babu
(Querist) 11 July 2015
This query is : Resolved
We are running the NGO from last 10 years. One lady staff was kept as care-taker before 5 years. Because of non-performance in the duty, she was asked to resign before 2 months, which she did in her own hand-writing. Now after two months, we have got LEGAL DEMAND NOTICE through a lawyer claiming that she had the permanent job in the NGO and hence we cannot terminate her or take force resignation. It is written that if we don't employ her back, legal action would be taken.
The NGO have not issued any appointment letter or conformation letter to her. She has one I-card issued by us in 2009 which was valid up-to 2010 only. After that I-card was not renewed also, as it was not needed.
About the background/history of the lady:- When we employed her before five years, she claimed that she was 5th class educated and 19 years of age. She came with her husband and one child to ask for any employment. So, we gave her employment on mercy without any documents, (they did not had any). During these five years, her husband died in TB hospital, because of excessive drinking. Now before a year, we came to know that her MAMA has filed a case against her husband for kidnapping and Rape her, five years ago and claiming that she is a minor. Case started and She through her relatives she applied for compensation with Government for Rape and kidnapping. The court, seeing her poor position, granted her some money also. In the order, it was written that as she belongs to a poor family and working in an NGO at a low profile salary and now is widow and had 2 small children, so compensation of rape was at the highest. The award letter mentioned her as of 17 and half year as on current date. This compensation order was given some 3-4 months back. We have mentioned this here because that compensation letter had mentioned that she is working here from 4 years and in police verification, we have confirmed the same (trying to help her). This was the background of the lady with us.
This is the whole situation. Now, what shall we do.
Now Shall we respond to the Legal Demand Notice. And what action need to be taken by us at this point of time.
What are the legal implications. Please tell in detail.
Thanks in advance..
Kumar Doab
(Expert) 11 July 2015
How is the NGO registered e.g. under (Name of the state) Shops and Commercial Establishments Act…………..and in which state?
It is always better for any employer to issue appointment letter with service conditions, I.Crad, salary slips, PF/ESIC number, Form16 etc……………….. and frame certified standing orders, and terminate after due domestic inquiry and opportunity of natural justice.
Employer can not ask any employee to write down the resignation.
Forced resignation is offense.
What are the applicable rules pertaining to employment of young persons in your kind of NGO?
Try to strike an amicable settlement and FnF clearance.
Rajendra K Goyal
(Expert) 11 July 2015
Consult local lawyer and show him all the documents.
Kumar Doab
(Expert) 11 July 2015
As per I.Card issued by you she is working for say more than 5 years with you.You have endorsed in court for 4 years.
If a child was employed then it was employed by employer.
If a child was raped then child is not at fault.
If a child became mother due to rape then child is not at fault.
She needs an employment and by now is a major.................as per your own admission.
Settlement of the matter is suggested.
Certainly you may consult your lawyer.
