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Asso.prof.(commerce & Management)
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Retired Government Servant/advocate
Srinath Sai Ram
Hr Manager

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Dear all, I am joined in a company so far 4 months completed. Suddenly they saying that you have been teriminated due to covid 19 pandamic considering companies finacial situation they taking this decision saying. What compensation i can expect from them maximum. I can request 3 month full salary or any thing i can demand to over come this current situation. Please suggest me.
From India, Chennai
We have to be aware what's going on in the country and world over. You are not going to be the only one rendered jobless via termination on a/c of COVID-19. This doesn't mean you are singled out. Every business unit is suffering with no work & no revenue. Govts keep on issuing press note urging no pay cut & no loss of jobs, ofcourse without amending relevant provisions of various laws to handle such unprecedented economic break down. There is no clear cut support systems in operation to struggling entities. No one answering to the realities with no production-no sales-nil revenue how is it going to be possible for entities to disburse idle wages ? Big business may have certain resources, but how about MSMEs & suffering cash losses?

I sympathise with you but have to confess, You won't get clear cut answer to your position. Let us wait & see what is going to be the future once lock down is totally withdrawn.

From India, Bangalore
I can think from company side that y we accepted 50% salary for the month of april and may even june depends on condition we are ready to accept. Being pandemic if they terimate due to financial crisis. I am not a big paid employee jus a sal of 25k per month. Now again searching for new job is not easy during this period. Even i ready to accept that 60% of salary till company position got settled.
They didnt say about my performance or misconducted reason for my termination they said that due to company economic condition you are terminating.
What should i do should i accept the termination or ask for compensation
Please suggest me
Thanks,
Senthil

From India, Chennai
Dear Senthil,

I'm sorry to hear that your company has panned to terminate your services during this pandemic. Central Govt. has issued multiple advisory requesting the employers to support their employees by not terminating them and continue to pay salary/wages. However employers have done their best to help the employees by paying the salary and retaining their services up to April. Now given the circumstances are unfavorable and employers have drained the cash flow, have no choice other than to terminate the service or to retain the services by implementing substantial wage/salary cut at all levels. That said, you have not specified your nature of employment to analyse whether you fall within the scope of 2(s) of the Industrial Disputes Act. If you fulfill the definition of 2(s) also you cannot approach labour court, since you have not completed 240 days of service (completed only 4 months). However you may be eligible for contractual termination notice or pay in lieu thereof in accordance with your appointment letter, provided such clause exist.

In addition to the above you can also prosecute the management for terminating your services during the existence of MHA order.

Regards,

Satish GA

Advocate & Consultant

+91 9880573300

From India, Bangalore
Dear Mr Senthil, you have not furnished valid details pertaining to your Employment like, Designation, Jobs & Responsibilities, Salary drawn, Establishment details, Termination Clause as per your Appointment Letter? were you a probationer.Please provide all details for suggestions by Members
From India, New Delhi
Yes, it is impossible to suggest any suggestion. The fact of the matter is that, declarations apart, the so called instructions/orders of the MHA are mere advisories; it is a moot question whether they have the force of Law to compel the employer to pay for the period of no work and no gain. Moreover, neither the Sovereign nor the Law can dictate that the impossible be done.
From India, Kochi
sir, i got the termination letter from my company on 16/05/2020. Company HR mentioned in letter that the employment contract is terminated with immediate effect due to non performance with notice pay of 15 days but as per Appointment letter confirmed shall be liable for 2 months Salary from the day of notice received. I was made the reply to HR against the termination letter because i was not received any notice for perfomance from company. Even till today i was not received the salary of April month. So I want to know that company terminating to me is Proper in COVID 19 peroid?? What is the next course of action? How much compensation i will get from Company?
From India, Mumbai
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