Legal remedies for an employee in case the company removes him without notice, genuine reason and without paying his salary
First we have to understand some important aspects related to employment and labour provisions. The major legislations regarding the labour and employment laws in India are mentioned below
1. Industries Development Act, 1947
2. Law of Contract
3. Labour (Regulation and Abolition) Act 1970
4. Employees’ Compensation Act, 1923.
5. Factories Act, 1948.
6. Shops and Establishments Act
Important Definition
A. Employer – One who works or engages the services of others.
B. Employee – One who works for the others after getting hired.
C. Contract of Employment – The contract of service between employer and employee where the employee agrees to serve the employer subject to his control and supervision.
There are three main categories of employees according to the Indian Labour Law :-
1. Government Employees.
2. Employees in Government controlled
Corporate Bodies known as Public Sector
Units.
3. Private Sector Employees.
Rights of an Employee
Many laws in India are made which has many provisions to safeguard the rights of employees. There is no any specific law which governs private employment in but an employee has many rights given under various laws.
Employment Agreement – The Employment Agreement is a legal document containing terms and conditions of the employment. It must be provided to an employee by the employer which lists all the rights and obligations of both during induction.
An Employee can take different types of leaves during the course of employment depending upon the situation such as casual leave for urgent and unseen matters, sick leave for medical related problems, privilege or earned leaves for plans in advance. So, these leaves are the right of an employee during the employment and they cannot be terminated for such leaves.
The Employees get protection from sexual harassment at the workplace. It is a punishable offence under the Indian Penal Code and an aggrieved can seek remedy under Sexual harassment at workplace (Prevention, Prohibition, Redressal) Act, 2013. The Maternity Benefit Act, 1961 gives provision for the maternity leave for pregnant women during the course of employment. They cannot be termimated on the basis of absence due to pregnancy. The female workers get the paid maternity leave for 26 weeks now in the private sector.
LEGAL PROCEDURE for unlawful termination:-
STEP 1- The employee should send a legal notice to the employer regarding payment of the due salary which was not paid to him after being terminated and the reason behind terminating the employee.
STEP 2- The employer has to answer the notice being sent to him with valid, reasonable and competent legal reasons. The action taken by the employer against the legal notice decides the further course of action to be taken by the employee.
STEP 3- If the due salary is not paid even after giving the legal notice. File a police complaint regarding the cheating or breach of trust against the employer.
STEP 4- If police will not take any action then write a complaint letter to Commissioner and mention the name of Police Inspector for not cooperating and registering a FIR.
STEP 5- An employee can file a private complaint in Judicial Magistrate First Class court as per jurisdiction and Magistrate will instruct the Police to take an action against the Company Director or Directors.
STEP 6- Write a complaint letter and report the matter to the Registrar of the companies to make him aware about the malpractices and cheating by the company.
STEP 7- Simulataneously, the employee should file a suit in Labour Court before against the employer for recovery of all pending dues. The employee is entitled to get the payment of even the notice period.
In India, the notice period is generally 30 days for staffs who are on probation period and a period of 90 days for the permanent employees.
1. Industries Development Act, 1947
2. Law of Contract
3. Labour (Regulation and Abolition) Act 1970
4. Employees’ Compensation Act, 1923.
5. Factories Act, 1948.
6. Shops and Establishments Act
Important Definition
A. Employer – One who works or engages the services of others.
B. Employee – One who works for the others after getting hired.
C. Contract of Employment – The contract of service between employer and employee where the employee agrees to serve the employer subject to his control and supervision.
There are three main categories of employees according to the Indian Labour Law :-
1. Government Employees.
2. Employees in Government controlled
Corporate Bodies known as Public Sector
Units.
3. Private Sector Employees.
Rights of an Employee
Many laws in India are made which has many provisions to safeguard the rights of employees. There is no any specific law which governs private employment in but an employee has many rights given under various laws.
Employment Agreement – The Employment Agreement is a legal document containing terms and conditions of the employment. It must be provided to an employee by the employer which lists all the rights and obligations of both during induction.
An Employee can take different types of leaves during the course of employment depending upon the situation such as casual leave for urgent and unseen matters, sick leave for medical related problems, privilege or earned leaves for plans in advance. So, these leaves are the right of an employee during the employment and they cannot be terminated for such leaves.
The Employees get protection from sexual harassment at the workplace. It is a punishable offence under the Indian Penal Code and an aggrieved can seek remedy under Sexual harassment at workplace (Prevention, Prohibition, Redressal) Act, 2013. The Maternity Benefit Act, 1961 gives provision for the maternity leave for pregnant women during the course of employment. They cannot be termimated on the basis of absence due to pregnancy. The female workers get the paid maternity leave for 26 weeks now in the private sector.
LEGAL PROCEDURE for unlawful termination:-
STEP 1- The employee should send a legal notice to the employer regarding payment of the due salary which was not paid to him after being terminated and the reason behind terminating the employee.
STEP 2- The employer has to answer the notice being sent to him with valid, reasonable and competent legal reasons. The action taken by the employer against the legal notice decides the further course of action to be taken by the employee.
STEP 3- If the due salary is not paid even after giving the legal notice. File a police complaint regarding the cheating or breach of trust against the employer.
STEP 4- If police will not take any action then write a complaint letter to Commissioner and mention the name of Police Inspector for not cooperating and registering a FIR.
STEP 5- An employee can file a private complaint in Judicial Magistrate First Class court as per jurisdiction and Magistrate will instruct the Police to take an action against the Company Director or Directors.
STEP 6- Write a complaint letter and report the matter to the Registrar of the companies to make him aware about the malpractices and cheating by the company.
STEP 7- Simulataneously, the employee should file a suit in Labour Court before against the employer for recovery of all pending dues. The employee is entitled to get the payment of even the notice period.
In India, the notice period is generally 30 days for staffs who are on probation period and a period of 90 days for the permanent employees.
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