What is this establishment: Industrial or Commercial? The establishment must have displayed its registration certificate near entrance/on notice board.
The employee and Redg. office of the company is located in which state?
How many employees are employed in the establishment?
What is the designation of employee and nature of duties?
Who has conveyed the message ‘Likely to be terminated’: some line manager, HR or owners of the company?
You have posted that:
“she has only another 20 days and then they will terminate her.......................................... s this something they can lawfully as per any or labour law do, please advise who to reach out to to prevent them from terminating her from her job?”
If the employee has any witness or evidence (audio/visual/written) that substantiates that termination of employment shall be effected the she can act now.
The employer should provide opportunity of hearing and natural justice before effecting termination.
Has the employer issued any notice/show cause notice etc?
The employee can approach:
Good offices of the appointing authority/MD/Chairman, works committee if there is any in the establishment, Grievance Redressal Cell within the compnay
If the good offices of appointing authority, MD, Chairman, Company Secretary (write to them) maintain studied silence and do not provide any relief then you may need to look at other forums where you can agitate...............................that can be;
-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include the employees that have conveyed the likely to be terminated order and all amongst good offices a party in list of noticees............
Designation alone does not decide employee is covered as ‘Employee’ as in Shops and Commercial Establishments Act, and ‘Workman’ as in ID Act....................
Your lawyer may ask you a set of structured questions and may opine that you are covered.
-Trade Unions/ Employees Unions: They know precise ways to handle such issues
-Inspector under Shops and Commercial Establishments Act;
-o/o Labor commissioner
-Civil Court.
It shall be appropriate to approach a competent and experienced labor consultant/service lawyer now wit copies of all docs and record, give inputs in person and proceed under expert advice of the lawyer.
As far as S*xual Harassment complaint is concerned the corporate are expected to act in a responsible manner and
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (Sexual Harassment Act)
is in place.
It is reiterated that the employee may act after understanding the merits from her lawyer.
