Madhu.T.K
Industrial Relations And Labour Laws
Korgaonkar K A
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GD2507
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Dear HR cite Team,
I have worked in a Singapore based IT company which is located in Bangalore, as \"Admin Executive\" for four years. All of sudden they have sent me an \"Termination letter\" by email . i got shock and asked for the reason, but there is no reply from the management, and there is no proper reason nor one month salary or not even a notice. When i asked for my settle of salary (even i supposed receive Bonus for the year)sent reply \"no settlement\". i was jobless and having huge commitment, i have no way, i forced file a case in LABOUR COURT, Now the opposite lawyer saying that she is a workmen and can terminate without any notice or one month notice.
Kindly advise me in this regard.
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Dear All,
I had been working for an Singapore/US based company for 4 years as a Admin, i was working very sincerely putting my 100% contributions to the company. we were working only 5 days in a week, but i was doing all my work even saturday, sunday and all holidays using my personal laptop and datacard sitting at home since the time difference from Indian, Singapore and US. i was working in my maternity period for 3 three months from Home.
Than again i have rejoined the company after the maternity period and was working as usual But one day on Wednesday all of sudden i have email from HR with attachment, i have opened the letter which was attached to my mail and i got shocked and i cryed, can you guess why....? it was a Termination Letter from company, i cant even tolerate myself, i was not able to accept this termination without any reason or notice. i just got shocked and just walked out from the office.
The next day i tried to login my mail to write a email to my singapo
Dear ,
I have gone thr' your both the postings.
You said that you filed a case in Labour Court. If so, you fight the case thr' your advocate and rely on the out come. Why you have to bother yourself what the opposite lawyer says?
In your first post you said that "Now the opposite lawyer saying that she is a workmen and can terminate without any notice or one month notice". Let me take it as an error and the respondent's lawyer (company's lawyer) has said that "she (you) is NOT A WORKMAN...". It is common that whenever a case is filed, the company will defend by saying that the person who has filed the case does not fall under workman as defined in section 2(s) of the Industrial Disputes Act and hence the suit is not maintainable in Labour Court. If on the other hand, there is no error in your statement or the advocate has said like that you were a workman and therefore, the services can be terminated without notice, then the advocate is wrong and the case will be ordered in your favour only. If the statement reproduced by you is wrong and the company has defended by saying that you were not a workman then you have to prove that you belonged to workmen category.

Many courts including the Supreme Court of India have interpreted the definition of workman u/s 2(s) to include all employees whose FUNCTIONAL responsibilities do not call for any supervisory or managerial responsibilities. As such, if you have been entrusted with the responsibility of supervising the subordinates with rights of either sanctioning leave to your subordinate(s), conducting performance appraisal of your subordinates or initiating disciplinary action against your subordinates, then certainly you will be out of the definition of workman and your case will be dismissed without hearing. On the other hand, if you were not given the above said rights, then you will be coming under the definition of workman and as such you will get all protection which are conferred on an employee under the Industrial Disputes Act.

Regards,

Madhu.T.K
Dear Amudha,
Please check your letter of appointment. It should have clause for termination of services and the notice period to be given on both sides. If there is 1 month mentioned to be given by the company, than company has to giev you either 1 month notice in written or relieve you immediately with 1 month salary excluding the days you worked. Also Whats the reason for termination in your letter. they have to give some reason for termination. Company can terminate only in case of poor performance or disciplinary issues. If they say that your performance is not good, than they should have given you a written letter or memo or by email for improving your performance. If they have, only than they can terminate. Even in disciplinary issues, they should have to give at-least 1 formal notice to employee before termination.
if they havent given you any letters and 1 month notice required is mentioned in your appointment letter, than they have to pay you 1 month salary.
Hi,
Even though one month notice clause is there in the appointment letter, there have been case-laws adjudicating that SIMPLE NOTICE IS NOT SUFFICIENT to terminate the services of an employee !
Rajinder Arora
Dear Neeraj Sir,

In my appointment letter, the clause for termination of services is mentioned one month notice period to be given on both the sides.

But in my case they did not give prior notice nor one month salary, Also in my termination letter the company have mentioned the reason that "downsizing/cost cutting", kindly advise is it legal what the company have done for me..? also the management have not given time to search for new employment. when i asked for the settlement of salary (also i supposed to receive Bonus for that particular year) & bonus, then the company replied me that "there is no any settlement from the company".

Kindly advise me whether the judgement will come on my favour, as the case is still there in "LABOUR COURT".



My Date of Joining : 26 May 2008

Last Date in the Company worked : 30 November 2011.


is i entitled any dues from the company..? i have received only my November 2011 month salary (they supposed to pay December 2011 salary & bonus).

your kind advise is most appreciated.....

Thanks & regards,
Dear Annonymous,
In the interest of natural justice, Company needs to bring the fact of downsizing/cost-cutting due to losses to the notice of all employees well in time so that the employees are ready for the same.
2. While downsizing/cost cutting, they need to follow the princple of 'last come first goes'!
3. Giving you one month notice salary is the least the Company should have done.
5. If the Bonus clause is mentioned in your appointment letter, you are definitely entitled to the bonus.
Best of luck !
Rajinder Arora
Dear Amudha,
Than they have to give you 1 month notice or 1 month salary in lieu of notice period. Downsizing is fine, but they have to give notice.
Bonus depends on the company policy. What are the terms and conditions in your appointment letter for bonus. was bonus given yearly or half yearly? if yearly than you cant fight for bonus, as they may give 10 reason for not giving you the bonus. They can simply say they are having losses, so they cant pay.
But 1 month salary they have to pay.
If you have all things as proof, than surely the judgement will be in your favor.
Dear Annonymous,
In the interest of natural justice, Company needs to bring the fact/intention of downsizing/cost-cutting due to losses to the notice of all employees well in time so that the employees are ready for the same.
2. While downsizing/cost cutting, they need to follow the princple of 'last come first goes'!
3. Giving you one month notice salary is the least the Company should have done.
5. If the Bonus clause is mentioned in your appointment letter, you are definitely entitled to the bonus.
Best of luck !
Rajinder Arora
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