Umakanthan53
Labour Law & Hr Consultant

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Dear Pandipati,
The ID Act, 1947 is applicable only in respect of those employees who fall within the definition of the term " workman" as defined u/s 2(s) of the Act. Therefore, other employees can not seek any relief through the ID Act for their employment grievances. All their conditions of employment would be strictly according to the terms mentioned in their contract of employment/appointment orders/service regulations only.
When the employees above the cadre of "workman" are unilaterally sent out by the employer for any reason other than by way of punishment, they have to be given sufficient notice or salary in lieu of notice as already mentioned in the contract of employment only. Any failure on the part of the employer in this regard would be breach of contract against which Civil Suit is the only available remedy to the aggrieved employees.
But you are entitled to gratuity under the PG Act, 1972 since you have more than 5 years of service in the same organization.

From India, Salem
Dear Sir,
I am working as a Assistant Manager in MAS Akshaya Sportswear (Special Economic Zone Unit), its Srilankan Based company, my total experience in this company is 6 years, Now company want close as per their internal issues, Now they are telling that they will give operators 3 month salaries as per the law, but not give it to executive and above level, they are telling this is the law, you people are not come under Industrial act 1947
company was register under the industrial act 1947, when the 500 operators & team leaders are getting the 3 months notice period salary, why the 20 executive and above people are not get.
please give you suggestions and how to approach legally.

From India, Hyderabad
Dear Sir,
in my appointment letter, i did't see any compensation details of the closing of the factory. but in appointment letter 8 point and 9 point as mentioned in the below. please go through this.
8th point: Termination.
Upon confirmation, you are required to give three months notice should you decide to terminate your employment. The company reserves the right to terminate your employment without any notice in the event after a disciplinary inquiry you are found to be guilty of gross misconduct, dishonesty, neglect of duty or breach of any company rules and regulations or stipulations here in contained and any other act of misconduct not herein specified .
9th Point: Retirement
your age of retirement shall be 58 years and on completing your 58th birthday you shall retire and cease to be employed by the company.
apart from this there is nothing is there in my appointment letters.
Could you please let us know how to go forward with this,
if they pay the employees(Operators) compensation they can able to go for the closure of the factory. is it not the factory responsibility to get the acceptance from executives and above team.
because my factory management want to pay the operators salary and serve the notice to ERB (working commute member) team and close the factory. aogthey are not seeing any feedfav

From India, Hyderabad
because my factory management want to pay the operators salary and serve the notice to ERB (working committee members, in this committee only operators will be there) team and close the factory. they don't required any concern about the Executive's and above staff. with the above two points can get help talk to the management on the compensation side.
please advise

From India, Hyderabad
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