Violation of labour law
2 years ago
I am ashish Gupta. I was working as medical representative(workman) at Varanasi from 2 may 2018 to 22 February 2021 in Denmark based pharma company. Company registered office in India is Bangalore Karnataka. Sir i complained to my company against the management for the violations of medical ethics (sharing patient privacy and confidential details over social media groups) and fundamental right at January 5, 2021. My company did not taken a action on my complaint and at 12-05-2021 I received a show cause notice.
In that notice company asked that I reported a meeting of Dr ashwani Kumar Jain on 19 October 2020 but as per company record Dr ashwani Kumar Jain was admitted in hospital due to COVID-19.
In my explanation I told that I physically did meeting with Dr ashwani Kumar tandon but by mistake I reported Dr ashwani Kumar Jain in place of Dr aswani Kumar tandon. I did this mistake because reporting portel was launched during the lockdown 2020 and I did not get a proper physical training. I also informed that this is only a human error so kindly make it correct. I also provided a concent latter of Dr ashwani Kumar tandon Regarding my meeting with him.
I complained to labour department central on labour samaadhaan portal online (Dispute no. 300001877) at 05/02/2021 and after labour commissioner central suggestion I given written complaint to labour department Varanasi at 10/02/2021, in between I already complained to labour department Uttar pradesh online (Grievance no. LBA02828) at 08/02/2021. I also complained to CPGRAM labour department portel (grievance no. DARPG/E/2021/05245) at 19/02/2021.
Labour department did not taken any action on my complaint and when my company got to know by me that I did the complaint against the company to the labor department then my company terminated my services immediately at 22/02/2021 without following the principal of natural justice or domestic inquiry
Sir as per the INDUSTRIAL DISPUTE ACT 1947 SECTION 33 company can't not terminate my services if conciliation is pending before labour commissioner for same matter. But labour commissioner did not sent any notice to my organization before my termination.
After my termination again I raised my complaint on 24/02/2021 then labour department sent a notice to my organization. My company is not attending conciliation process and labour department is not closing my conciliation.
Please help me now what should I do for immediate remedie.
In this pandemic I am job less.
Ankur Goel @ Complete Law Shield
Responded 2 years ago
But why you were in hurry to complain so much in 02/2021 ?
02/2021 you were terminated then after that you got show cause notice on 05/2021 ?
You can challenge termination.
By that you will get job back and also due for being jobless.
you have to contact a good labour law lawyer.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
As soon as possible, contact a labour law lawyer because it is evident that you will need to file a lawsuit or file a complaint with the Labour Commission.
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Consult an labour law lawyer right away, and then send a legal notice to ensure compliance with the law. Section 12 (1) of the Industrial Disputes Act of 1947 specifies that the conciliation officer must hold conciliation proceedings in the appropriate way, which is clearly not done here.
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Ankita Jaiswal
Responded 2 years ago
You may approach Labor Commission under section 12 of ID Act.
You can also read more about termination of employee in this blog https://www.vidhikarya.com/legal-blog/Illegal-Termination-of-an-Employee-during-Covid19