Psdhingra
Legal Analyst, Hrm
Ashutosh Thakre
Hr Professional
PSB
Asst. Professor
+6 Others

Hi
I am working in a pvt ltd company from last 5 month suddenly ops manager started calling some of us & started telling us that please do not come from tomorrow because we dont have work. Is there any chance where in we can ask company for some notce period or any thing where in we get sme time to search new job or ask them to pay us 1 month salary.
Please help .
Sunil singh
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you can request for 1 month of notice pay,if you are laid off under circumstances of no work, sudden loss/project loss in the company
Thanks for reply
the company is successfully running other process & it is also not shutting down the procss for which they hired us that was suppose to start 5 month back but not yet started till now we where working in other process based on requirement. I have worked for 10 years & i have never faced this type of situation. Getting a new job at this age & time its very hard. What do you suggest shall i do iu this case please help .
All affected employees should speak to the management.
Try and convince the HR and HOD about the need to keep them on for other processes.
Last resort seek intervention of Governmental agencies-labour officer( if you fall in category of workmen)
In this case, you can ask for notice pay because the company is not shutting down and neither is the process. It would just be some part of politics.
Totally Agree with Mr. Nathrao, i would only add that take the communication of not coming tp work from the manager in writing.
Practical problem is company cannot provide work & can't pay salary. So it's better to consider this situation as a notice & switch on to immediate suitable opportunity. This way you can save your career & later on can communicate regarding any conflicts with the company & appropriate authority.
There is no Such Hard & Fast Rules that company serve the notice, if it was not mention in the offer letter/Joining letter that both the side will serve the one month notice before leaving.If not and one point please note that as Per the labor act if you are under the company paid staff and P.F. or other Statutory deduction is made then you may go to Legal cell and ask one month salary in lieu of one month Notice to leave the job.Before that you have talk with the H.R or HRD.
Dear Sunil Singh,

Nothing of the sort of hit and trial can work favourably for you, if a manager asks you verbally not to come from tomorrow. Informal order has no relevance for the purpose of recruitment or termination and can affect you adversely career-wise and loss of money-wise. The day you act upon such informal/ verbal advice or instruction of the manager and stop reporting for duty, nobody would be able to save you from (1) terming your absence as unauthorised absence tending to disciplinary action against you for such absence and that can affect your career also on termination on account of disciplinary action; or (2) you would be asked to pay notice period pay for not serving notice for resignation, as you would not be able to prove that your manager asked you to resign or not to come from the next day.

The question arises, if the manager says they don't have work, why the manager should not resign first to prove that the company don't have work to do for the employees?

However, if as a goodwill gesture and to avoid any bitterness, you can submit your resignation notice for one month, which is quite necessary to leave the company in an honourable manner.
Factories Act is silent about notice period.ID Act stipulates one/three month for workmen for retrenchment.Some shops and commercial establishment Acts (Eg Kerala).stipulates one month. In establishment with standing orders the workmen can ask for notice it provided under it.
In other cases not covered under the above Acts,especially non workmen the employer can terminate without a notice unless specified in the appointment order..

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