hardik1087
89

Hello,
I am handling all HR & admin activities (Branch) in IT Company. I have some problem regarding my job security. here i just changed my job before 3 Months. As per our company policy here are 3 month probation period, i have completed my probation period. but still i did not get confirmation letter from employer side. My point of view they want to close this branch. in this case it they may be terminate on the spot, so which are the legal actions can i take against employer. if they will not give me a salary then what can i do?
I kindly request you to give me some solution for my benefit.
Regards,
Hardik

From India, Ahmadabad
coolhero4u4ever
13

Hi HARDIK,
Like you have mentioned they might terminate you on accounts of branch getting close
i would suggest you talk to your reporting boss as to what is your role going to be in this org after this branch been close down
secondly how was your performance during the probation to become a confirm employee there is an probation appraisal process
which would be assessed by your reporting boss and depending on the feed given on your appraisal sheet you will b either confirmed or your probation would be extended in rare case there is termination
just in case they decide to terminate you it will not be termed as temptation, they might termed it as lay-off due to job profile redundancy in such case either party will pay each other as per the terms agreed in the appointment letter
for more details you can get in touch

Regards
DEV

From India, Mumbai
hardik1087
89

Thank for your positive reply,
In this case i am not facing this problem but all employees of the branch having same issue and All employees completed their probation period.
All the activities of branch are handle by me. And our branch started before 4 month.
one more things company is not giving proper answer for confirmation letter of all employees of the branch. Also they are not giving any extension answer about probation period.
From my point view it may be shutdown branch. In this case two occurrence are mentioned below.
1. if our company will shutdown this branch and terminate all employees of the branch then what legal action we all
are able to take against company.
2 if our company will shutdown this branch and terminate all employees of the branch and they will not give last
month salary to all employees then what legal action we all are able to take against company.

From India, Ahmadabad
coolhero4u4ever
13

If you go by the I.D Law and model standing order law
there is an clause which states that in the event the employer plans to shut down it business area or manufacturing set up
it needs to inform the employee 3 months in advance / have payment made accordingly
you can catch this point and approach the labour court
in your branch is there any employee who is confirm employee or are u all on probation
what ever they case might be u can catch the above point and approach the labour court saying that the employer has not given you sufficient time to search for another job & no written communication had be done before shutting up the branch

From India, Mumbai
ram2hr
53

Dear Hardik,

Firstly please confirm me where is this proposal for closure came from have you received this message from Management (Kindly do not accept Rumors for granted from Employees/staff)

Secondly how many Employees are working in your company?

Thirdly is there any union over there?

If there is no union k....but is the company you are working is a sick unit? if so they will not close the company withing 4 months they open they at least try to improve the revenue of the company at least for 2-3 year's in case if it's very sick unit...Once at a time no Employer's cannot Terminate Employees

First step they should Give lay-off, secondly they can Retrench the Employee's who are excess of manpower by department wise by giving them a notice period/Notice pay.....They cannot terminate all the employees at a time if so there will be Settlement for Employees all these steps should be followed if The Employer get IP also they should settle the Employees first then Bank loans Secondly if all these never happens Employees can file a case against Employer's so The Judgement will favor Employee 100%...

As Being HR Please do not Mess up the situation if you are able to solve the issue ok or else confirm your role what should be done by your superiors and act accordingly this is an opportunity to learn new tasks wishing you all the best for your future....

Regards,

Ramkishore

From India, Bangalore
BSSV
201

They will not terminate you on the spot. Either they look for alternative for you in the same company or they will issue a notice regarding the same for you to search another job or they will compensate for your loss calculating the notice period as per the company norms......
From India, Bangalore
hardik1087
89

Hello Ramkishor,
Thanks for your valuable reply.
I did not receive any proposal for closure from MGT. But they are not giving proper response about anything.
In our branch below 10 employees are working. Here is no union.
They are also pay a salary 20th of every month. we already discussed with Top MGT but they said it's not possible on or before 10th of every month. And one more this salary date is told by HR(Head office) at time of joining.
Regards,
Hardik

From India, Ahmadabad
berkeleyhr
if employer terminate the employee without notification then what kind of case file against employer rajeev hr
From India
berkeleyhr
if employer terminate the employee without notification then what kind of case file against employer rajeev
From India
tuttu_msai
Dear Friend,
Let me know if employee has put his paper in advance a month notice as usual required for confirmed employee.
If I(HR ) relieve before completion of due date under these circumstances what will be the salary at the time of full and final settlement for last month
Plz response my mail
Sinha

From India, Delhi
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