Aniket Pathak
Sr. Executive Hr
Jan.skumar
Senior Support Engineer

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Hi,
I am part of an Indian software company for 5.4 years.
Company is going to shut many branch for cost cutting and firing staff with in 2-7 days.
My productivity is good enough. HR came into picture and asking me to resign.
My present role is Senior Support Engineer and i am a permanent employee in this organisation.
On 29 August 2017 HR had asked me to resign. I was ready to resign with compensation. But they refused and now they are terminating me.
Summary of claims I asked for:
1. Company should pay me two months salary for notice period but company is giving two months basic salary.
2. Full festival bonus Rs. 24000/- because this is part of my salary. But company giving me bonus on pro-data basis. Time period for bonus is from 1st Nov 2016 to 31st Oct 2017.
3. 7 months Performance link incentives as it is part of the salary. (April 2017 to Oct 2017).
4. Gratuity till 31 Oct 2017
5. Leave encashment. But as per company's policy employee which is Ask to resign or terminated is not entitled for leave encashment.
Please advice if I can file case against the company in Labour Court?
And also suggest can I use social media platform to spread this that company did to me?
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I Will tell you what you are eligible for sure; If you don't get it you can surely lodge a complaint at labour office.
Two months basic salary.
Gratuity till your last working day (i.e. for 6 years. 5 for sure)
Bonus till your last working day.
leave encashment for all the earned leave including this years leave on prorate basis.
As far as incentive's concern, employer usually don't give incentives to leaving employee stating that its for retention. However, if its on monthly/performance based. they should have paid you monthly. still give it a try you may get it only till your last working day. Don't expect more than that.
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