Madhu.T.K
Industrial Relations And Labour Laws
Rahul Chhabra
Hr Professional
Vasant Halatti
Hr Executive

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Dear sir, If employer terminated to me with out any compensation what to do ? Compensation is mandatory or not ? kindly clarify to me all the my team
From India, Bengaluru
Dear Vasant, Help us understand the reasons they have terminated you? Regards Rahul Chhabra
From India, Delhi
Anonymous
If employer terminate to employees for reducing the office staff employee can ask any compensation from the company or management ?
From India, Bengaluru
Such termination will be retrenchment within the meaning of Industrial Disputes Act and workers retrenched shall be entitled to compensation at the rate of 15 days salary for every year of service. One moth notice or payment of additional one month salary is also to be given in lieu of such notice. In the case of managers who have reportees under them no compensation nor any notice is required to be given.
From India, Kannur
Dear Sir,
I want ask you that if a company is terminating an employee by informing that some frauds are been seems by them but when the employee ask about the proof the company cant reply him . at that time what the employee can do do he get the salary for that month the duration his employment on that co was 2 years .6 Months .
Reagrds
Venkatesh
9985666425


Dear Venkatesh,
What did you want to convey us? There was a suspected fraud by an employee but the company has no proof to say that this employee has done it. Therefore, when the company informs the employee of such fraud (means charge sheet the employee) the employee denies and defends and asks for proof (quite natural during the course of enquiry) then ........will he get his salary for that month? the duration of employment, is it that he has worked with the company for 2 years and 6 months...?
Now it is our turn to pick up the question and then to given an answer. If the above interpretation is correct, I would say that if the employee has not been suspended pending enquiry, he should be paid full salary for the month. If, on the other hand, finding that the employee has done some fraud he has been placed under suspension, then he should be paid 50% of salary as subsistence allowance. For deciding whether he should be paid full salary or just subsistence allowance service is not an issue. Even an employee who has served 30 or 40 years can also be suspended. At he same time, if this employee is an employee who has managerial powers and responsibilities then you can hold his salary and even the so called subsistence allowance need not be paid.

From India, Kannur
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