| Hi Nidhi Just a small advice and suggestion which I might require. One of our EMployee after worked for 3 years left the organization without serving proper 1 month notice. We tried talkign to him over it but he insisted we adjust the payment, alhough we verbally kept informing him that if he leaves without serving notice period he would not get the releiving documents, he did not heed to that. Now he has filed a legal case ( that too Civil Court) against the Company and the HR Manager. What do you suggest for such Employees. Regards Aries dear what legal case he has filed in civil court.what remeady he is asking? in my view ,you should have cleared his dues after deducting notice pay.if some one does not give notice what is the solution as per term and condition of appointment.Deduct notice pay and clear his dues and issue him relieving letter. tks j s malik Hi, Good morning. Civil court is not competent to other remedies. The jurisdiction of this case purely comes to Labour Court. Take the same stand in civil court in dismissing his case. Just obtaining injunction will not serve the purpose of filing civil suit. His prayer in the plaint has to be looked into. Regards Suryanarayana :roll: Hi Nidhi, Please tell me what are the criteria, rules, rquirements etc. in employing person aged 58+. What about his PF, ESI, Bonus, Pension, Professional Tax, TDS, other benefits and deduction. Will he be treated like regular employee? Whether Salary has to be paid or Consolidated amount? In the form of cheque or voucher? With breakups like basic, DA etc? What should be the maximus term of his appointment? Will WC Act attracts him and as per Sec.3 of WC Act, whether Employer is liable to pay compensation for injury/death of said employee? Regards Surya (narayana).  Quote:
Hi Although this guy has not demanded any monetary compensation, but he has dictated his terms of notice period and inspite of pursuation by Management and explaining the crticality he refused to budge. We had to take a handover to another Employee without having time to hire a replacement. He has filed a CIVIL case against the Company as well as the HR manager. Now the concern is that he is leading a path to all the others and setting a bad example that Legal threats work while as a Company we have nowhere to prove the damage in terms of trust that we have lost with the client. This guy worked for over 3 years and had got amazing increments not that he was a great Developer but the Company was thinking for retaining him on long term basis and gave him very good exposure and independance to handle Client himself, which considering his personality he would have otherwise never got anywhere. Regards
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