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Q. Not paying compensation

My husband is working in private firm from last 1and half year as HR and Admin Manager. Now they are hiring another person on same post and said to my husband that he handover all work to the new appointed person and giving pressure on my husband for resignation. While my husband is saying that he is not ready for resign. According to appointment letter my husband is demanding 3months salary or notice period but they are ready on this point and continuously giving pressure for resign. Please help us

Showing 10 of 10 Responses

A. Dear client if you are not happy with the separation allowance/money then you have the right to go to the Court of Law or file police complaint against pressure for work.

Deepak Bade

Experience: 9 Year(s)

Responded 2 months ago

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A. you have not mentioned the full facts of the casei.e, clauses of appointment letter etc. For details, pl.contact some family lawyer like me through vidhikarya.com

Rajender Prasad

Experience: 5 Year(s)

Responded 2 months ago

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A. Kindly share the agreement / bond .

ARPIT BATRA

Experience: 11 Year(s)

Responded 2 months ago

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A. Dear Madam,
Your husband may lodge complaint with Labor Commissioner under the following provision of law.
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Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.-
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation
officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 2 months ago

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A. Welcome

Rameshwar Dadhe

Experience: 2 Year(s)

Responded 2 months ago

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A. Dear Client,
Bring it to the notice of Labour Commissioner of the State Government( of your location).If the problem can be solved there then it is fine.The other alternative left out for is to go to the Court of Law.Find out an Advocate through Vidhikarya.com
Shanti Ranjan Behera,Advocate

Shanti Ranjan Behera

Experience: 22 Year(s)

Responded 2 months ago

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A. Welcome sir/mam

Rameshwar Dadhe

Experience: 2 Year(s)

Responded 2 months ago

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A. Dear Client,
You will be governed by the Contract you have signed or contract made.
Since this is a private firm/company they are not for charity.They are for profit.
Normally they keep the employees as long as one can deliver the service.If there
is a deficiency in service one is fired another persons gets in.It is as simple as that.
But, if you are not happy with the separation allowance/money then you have the right to go to the Court of Law.It is up to you to decide.
Shanti Ranjan Behera,Advocate

Shanti Ranjan Behera

Experience: 22 Year(s)

Responded 2 months ago

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Anonymous

Replied 2 months ago

Thank you so much for your respons . I completely agree with your point that they are working only for profit but sir if they make some rules for employees then it's the duty of company that they follow it. They have mentioned in appointment letter very clear that if they terminate the employ for any reason then they have to give the employe three months notice period or compensate for the same. Please suggest us that on the basis of appointment letter terms. Could we file a complaint in labour Court for right.

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A. Dear client you can file police complaint for putting pressure for non designated work.

Bharat Pawar

Experience: 9 Year(s)

Responded 2 months ago

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Anonymous

Replied 2 months ago

Thank you so much sir

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A. Dear mam you can file complaint against who are pressure on Ur husband

Rameshwar Dadhe

Experience: 2 Year(s)

Responded 2 months ago

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Anonymous

Replied 2 months ago

Thank u so much sir for helping us. We are middle class person, we are not so much power and approach that we can fight with VP of the company. Sir, could you please tell us that how can we file a complaint in Haryana labour Court for 3 months compensation as per appointment letter. One thing more sir, they are not ready to give any thing in writing like for handover charges or for resign.

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Rameshwar Dadhe

Experience: 2 Year(s)

Replied 2 months ago

First you should approach to the labour commissioner office then court options

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Anonymous

Replied 2 months ago

Thank you so much sir

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