KK!HR
Management Consultancy

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Dear Seniors, I am working for a private limited company based at Delhi. It been approx 1 and half year since I am working with this company, i recently got increment. Now, the problem is in lock down company has paid only 30% to it's only 1/3 rd of its employees, when I approached the manager to pay fair amount, they have sent me below email (termination with immediate effect). Please see below content and advise how to handle it.

Letter as below:-

"As you aware, the ongoing COVID-19 pandemic has had a dramatic effect on all of the businesses in our region. Due to this situation, we regret to inform you that your employment as HR Manager will be stood down temporarily as your work cannot be done safely while the coronavirus is spreading.

This stand down is effective immediately (May 29, 2020) and we anticipate that it will last until this situation is getting over. As per the Fair Work Act, your stand down will be unpaid.

I want to emphasize that this stand down is temporary and that, while it is unfortunate, we look forward to your return when we are able to resume business. In this time of period, if you find any Better Oppotunity somewhere else, you can go for that.

Please acknowledge this letter as soon as possible and submit all the things that company provides during your fulltime employment."

Looking forward for Support, please help.

From India, Delhi
The Fair Work Act is a legislation of Australia and I wonder how it is attracted for working in Delhi. The communication shows that you are asked to stand down for the time being, it is NOT amounting to termination of service. So your lien on the post is continuing although you are free to search for job elsewhere.
From India, Mumbai
Dear concern,

The template used the company is published on an Australian HR Website for their use in their country. So, it must be used by the company due to lack of knowledge.

As per the labour law, there is no term as keeping employment on stand down, which is unpaid. So, my employment will be regular and I shall be entitled for all employee's benefits. During this lockdown period, the employers are liable to pay salaries to their employees without any reduction as per the order issued by Ministry of home affairs dated 29th March 2020.

Last point added the the company is asking me to submit office belongings -it clearly states that my services has been terminated as the same has been conveyed to my team members verbally. Which is again against the advisory issue by Ministry of Labour and employement.

Please correct me if I am wrong anywhere. Thank you

From India, Delhi
I received the similar cessation letter as below:

COVID-19 is impacting everyone around the world and every aspect of our daily lives: our social

interactions, our family life, our communities, and, of course, how all of us work at Home Credit. Multiple

aspects of our business have changed dramatically over the last couple of months and many of these

changes are expected to be permanent. While we will continue to build a more focused Home Credit,

we do not foresee having enough productive work for all our employees. We owe all our colleagues a

challenging work environment, but we won’t be able to offer that to you going forward.

While new business models & formats, digital leadership, and innovative data tools help, the decision

of how to operate and when to make changes, is a human one. With limited business opportunity we

are compelled to adjust our market strategy and organization structure to sustain and survive in this

difficult competitive market.

In view of above, we regret to inform you that your services would no longer be required by the

Company with effect from the closing hours of 28-May-2020.

In lieu of such cessation, you will receive Notice Pay as per Notice Period Policy in accordance with the

Terms & Conditions of Employment with Home Credit India Finance Private Limited.

The management wishes to place on record its appreciation for all your contributions in the past and

wishes you all the best for the future.

After this letter, I asked for Severance pay and prorated bonus but since then they are not responding. Everytime, i write an email, they block my email id on their server. Please advise the next course of action

From India, Delhi
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