Hi Sir, I have been recently laid off by my company. In some cases they have released the employees immediately by giving retrenchment allowance + notice period and other benefits however in some cases, they have asked to serve the notice period.
My question here is that why they are asking to serve the notice period when our jobs are made redundant. I was given a redundancy letter on 1st Aug and they asked to serve the notice which is quite surprising as if my job is not required then why to serve notice.
Please advise if the company can ask to serve the notice when their job is made redundant.

From India, Sonipat
Dear Vinod,
When you had joined the company, your company must have issued an appointment letter. Please confirm the verbatim of the separation clause mentioned in the appointment letter. Unless we know the contents of this clause, further comments cannot be given.
What was your notice period? If you were given redundancy letter on 1st Aug 2020, then by now the notice period must have been completed. So why bother about the past?
Thanks,
Dinesh Divekar

From India, Bangalore
Dear Dinesh,
Let me check the details of the appointment letter and will share it with you.
Meanwhile, my notice period was of 2 months and I was waiting for my full and final which i recently received, and then I raised this concern.
Also if you can share what India Labour law suggest in case of retrenchment law, can company ask to serve the notice period? Can the company follow 2 set of rules like few were asked to leave immediately whereas few were asked to serve the notice period.

From India, Sonipat
Dear colleague,

Regardless of clauses in appointment letter on seperation, the company appears to have resorted to what can be regarded as illegal and unjust acts.

If redunduncy notice was served on you in August' 20, then after the expiry of this notice, the company is bound to pay you retrenchment compensation, notice pay and other legal dues and you cannot be discriminated against. In these matters, all employees have to be treated equally and different compensation being given to same set of employees is patently illegal .

After serving redunduncy notice on you, demanding notice from you is patently illegal and don't oblige doing it.

You can write a polite and persuasive letter though, giving above facts nd pointing out discriminatory treatment being meted out to you.

If no reply or negative reply, approach Labour commissioner's office with a suitable representation and request his intervention.

Regards,

Vinayak Nagarkar

HR and Employee Relations Consultant

From India, Mumbai
Thanks Vinayak,
the company sent me a Redundancy letter and asked me to serve the complete notice which I think is not legitimate and unethical. (Please advise)
2. Company has followed a different procedure for some employees as they were not asked to serve the notice.
3. Now when I am checking this with HR they are referring the appointment letter however in the appointment letter there is no clause for Redundancy and it talks about termination.
Are redundancy and termination same? Please confirm.

From India, Sonipat
Dear Vinod, I have expressed my views in line with yours have suggested how to go about it .please follow it till end. Thanks and regards Vinayak Nagarkar HR and Employee Relations Consultant
From India, Mumbai
Dear Vinayak,
I am already in discussion with HR and they are giving unnecessary excused: Here what he responded on my last email
"As per the terms of your appointment letter, notice period can be reduced by mutual agreement. In your case, the requirement to work full notice period was waived following your request to leave early and start your new employment.
You have been paid all dues owed to you, including for notice period worked. I am unable to provide a letter as per your request, as it would not be accurate."
My appointment letter only talk about termination condition but nothing about Redundancy. Thats why i am asking is termination considered as redundancy? henceforth my redundancy will follow the appointment letter conditions?
Can we talk?
Regards
Vinod

From India, Sonipat
Hello Everyone,
just advise one thing..
1 is the termination clause mention in appointment letter is same as retrenchment?
2. If someone was served with a redundancy letter can be asked to serve the notice period as per appointment letter?
Please advise..

From India, Sonipat
After serving redunduncy notice on you, demanding notice from you is patently illegal and don't oblige doing it.
@nagarkar vinayak ji: Is it a law or company can ask to serve notice after issuing redundancy letter? Please advise

From India, Sonipat
Can compnay ask to serve notice period after issuing a redundancy letter to the employee? is it legitimate?
From India, Sonipat

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