Hello All, I just want to know if an employee completed 6 years in same organization and then employer going to terminate of employee without given any notice or without reason, what action should be taken by employee. Secondly as per law what's components should be payable? pls suggest.
From India, New Delhi
The explanations are available in the threads itself. One thing is very important, if the employee has been working in managerial capacity he cannot get the protection of labour laws whereas it is available to those who are not under managerial or supervisory capacity. In such cases, termination is illegal if it is made without giving notice and without paying compensation which is equal to 15 days wages for every completed year of service. Wages for this purpose should include basic wages, dearness allowances and all other fixed allowances which form part of salary as per contract of employment or settlement with the workers.

From India, Kannur
Dear Sir,
I was working as Administration Manager in one of the listed company till Dec 18 for a years period.
I left bescause company was into losses from few years and no production output due to internal financial crisis.
My 1st month salary was paid salary on 3rd month and gradually increased to 4th & 5 th month. My social life was getting disturbed but patiently carried on. I resigned and served notice period, gave proper handover and completed relieving formalities as per company policies. My last relieving date was Jan 05 2019. Still i did not get my experience letter nor relieving letter.
I received 2 months o/s salary by April 19, now i am still following up with my seniors for my Dec 18 outstanding salary and full & final settlement till date.
I have written several emails, phone calls, w/up messages to my seniors & my director. But they are not responding , they are reading all my messages but not responding.
Please guide as during my service period i had borrowed money from lenders to run my social life and still paying interest as i was not getting salary on time .
Pl direct me i will be highly grateful to you.

Dear All,
I want to know can employer(MNC IT company) terminate the service and does not give any salary for two as mentioned in offer letter.
Below is the case.
Due to covid comapany (lets say company A)fires some employes and some employees are provided opportunity to work with other company (lets say company B)(which supplies man power to comapany). Now employees has to sign offer letter of B company, if does not sign the offer letter and decided to decline due to some reason but willing to work with A company, Company A consider it voluntary resign and does not provide and compensation. Is this action of company A legal? please advise what action can be taken against company A. Thanks

This is illegal due to various reasons. Employees can be retrenched but for valid reasons. The employees shall be retrenched in the order that t should be the LAST person employed to leave first from the company.

The company B arrangement is a sham contract. The outsourcing company is only a camouflage and you will be continuing your work using the same computer, sitting on the same chairs, reporting to the same managers etc. This is illegal.

In the present situation many are trying to avoid employees using many tricks. This is one of the ways. If you react, you will lose the job. You will not be able to approach any dispute redressal machinery because in the present situation nobody attends to all these issues and therefore, it may take time even to hear your grievances. Alternatively, if you accept the offer, you can continue there, transfer your PF (from parent company to outsourced company) and forget about the other benefits

From India, Kannur
Thanks Mr. Madhu for replying.
Yes, you are right. We will be working for same product, under same manager with same laptop etc.
I am no more interested to work with the company which has no ethical and moral values. I agree , company has right to reduce its cost. As I am not interested in their arrangements due some valids reasons, I just want them to pay me two months as mentioned in offer letter.
Please advise me how I can go legally against the company.

Legally what you said is correct. Since this is a kind of arrangement wherein employees are shifted(transferred ) to another company. Before that the parent company should pay you gratuity (i eligible) retrenchment compensation and notice pay. However, these apply only to employees who have no reportees under them.
From India, Kannur
Hi Madhu Sir,
When we talk about the 1oo workers or more than 100 in regard to retrenchment /closure of unit etc. My question is that whehter contractor's labour is also the part of 100 if deployed in factory or only roll workers will be considered for eligiblity for retrenchment?????//

From India, Shahkot
Legally for coverage of an establishment employes shall include all employees including those engaged through a contractor. Practically as you are not retrenching the employees of your contractor, only employees directly employed by the employer shall be counted. However, the contract should be genuine and not sham.
The new code of Industrial relations has put this 100 to 300.

From India, Kannur

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