Labour Law & Hr Consultant
Korgaonkar K A
PRABHAT RANJAN MOHANTY
Hr & Ir
Venkata Vamsi Krishna Patnaik
What is the designation of employees being removed?
some employee has to show guts and stand up and take on harassment by putting things in writing and organise other people being laid off.
If category is worker, then go to Jurisdictional Labour Officer of the Area.
Remaining silent and not organsing employees to protest unjustified layoff by demanding resignation, will not help
20th May 2018 From India, Pune
the designation of people who are being forced to resign are software engineers. And a very few managers.
20th May 2018 From India, Bengaluru
From what you have stated , it looks like 'Retrenchment' and not 'lay-off'.
The Industrial Disputes Act , contains legal requirements before retrenching employees if the company employs 300 or more workers.
The main question for determination here will be whether the retrenchment is legal and justified.
You approach Labour Authorities in your area and submit written representation signed by all those who are retrenched and ask for their intervention.
You also have to check if software industry in Bangluru have been given any special exemptions under labour laws by the Govt.
21st May 2018 From India, Mumbai
What is happening in your establishment is due to lack of understanding and unity among the staffs. The management has taken advantage of lack of unity within the staffs or otherwise no management would ever able to remove such a mass manpower without obtaining permission from the appropriate government i.e.('Retrenchment/Termination').
Your management can not do retrenchment /termination in mass as the strength of your establishment is excess of 100 without permission from the appropriate Govt, as stipulated by the Industrial Disputes Act.
No body can help if some one is tendering resignation and prefered to go out of job, what could be the reason behind the scene.
Now it is time for all employees to come gether to have a fight. Nowdays plenty of scopes are avialble take the help of media, govt & union to stop.
Raise the voice and the voice with hard.
21st May 2018 From India, Mumbai
Still the minimum no. of workmen employed in an industry prescribed u/s 25-K of the ID Act,1947 for the applicability of Chapter V-B remains as 100 only. The episode narrated in the thread is a clear-cut violation of the provisions of retrenchment in a disguised fashion.. Better do not get pinned down to the pressure tactics of the management and resign but in stead make a joint-complaint to the State Labor Commissioner.
21st May 2018 From India, Salem
what are the implications if I name that company here in this mail thread?
22nd May 2018 From India, Bengaluru
You can name the company at the Labour department by taking the support of your colleagues who are victims. No need to mention here, but if you mention here the forum members can know about such culprits.
Have necessary records and proofs while you take the step of reaching labour department or any higher authorities.
22nd May 2018 From India, Hyderabad
This is not a case of lay-off. This is not a case of retrenchment. It is force by management on individual staff to resign one by one to bring the cost down. It is not a fair play by the management. The management is taking undue advantage of staff who are not united.
There is a need of staff coming together to have golden shake hand with management.
22nd May 2018 From India, Mumbai
b) Is it necessary to pay bonus if the workers deployed by the contractor is less than 20 in our company? Bonus act applies where 20 or more workers are employed, in view of this who is liable to pay bonus to workers if the workers deployed is less than 20.
24th May 2018 From India, Mumbai