Illegal layoff - company replacing employees with over 10 years of service with juniors - CiteHR
Labour Law & Hr Consultant
Insolvency N Gst Professional
Korgaonkar K A

Cite.Co is a repository of information created by your industry peers and experienced seniors sharing their experience and insights.
Join Us and help by adding your inputs. Contributions From Other Members Follow Below...
My company has strategically decided to let go all the employees in the company with over 10 years of service and replace them with juniors. Instead of firing or mass lay off, they are forcefully asking employees (harassing employees) to tender resignation and give standard notice period of 2 months or pay for 2 months. In this financial year so far at least 100 people have been asked to go and a few more hundereds will be asked to resign. Is there any way the relevant law enforcing authorities come and inspect whats going on and help to get some sort of redundancy package to the employees.
Is your establishment a factory?
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

Thanks Nathrao.
the designation of people who are being forced to resign are software engineers. And a very few managers.

Employees should decline to give resignation.
Join together and fight.
Though managerial level employees seldom show such unity among themselves.
Let company terminate and then file civil suit against company.

Dear Colleague,
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.
Vinayak Nagarkar
HR- Consultant

Dear Friend,
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.

Dear friends,
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.

This is a software product company based around Marathahalli in Bangalore. It has 1000 people in Bangalore. Constantly every month they keep asking around 40 to 50 people to resign (retrenching).
what are the implications if I name that company here in this mail thread?

Dear Friend,
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.

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.

This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.

About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2020 Cite.Co™