mngs
I worked in an organisation for more than 10 years as an accountant. 15 days ago employer started yelling on me with abusive language due to a minor issue that was not related to account work even there was not my fault, and told me no need to come from tomorrow. my salary was 43k per month. They never paid me any EL/CL. They told me I will be called after two days to get my salary but after a week when I didn't receive any call from them I dropped an email to them. In reply they told me that they would check my account next week and revert me, but after two week I made a call on his mobile number but they didn't pick even disconnect the same. Then I made a call on landline to their concerned employee he asked the same to the boss and reverted me that I will be informed once account is checked. Please advise what should I do ? Should I wait more or take further action? and How much claim I should made on the basis of the above tenure and salary, my basic salary was 21.4k per month. Hope to hear from you soon. Thanks.
From India, Noida
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Saswatabanerjee
Partner - Risk Management
Drsivaglobalhr
Doctor Siva Global Hr
Ommygautam
Plant Hr Head
Mngs
Accountant

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drsivaglobalhr
300

Dear Colleague,
You had not disclosed the seriousness of the lapse that happened in your work. But still an employee who had served 10 years should not have been dealt like this. A proper notice on the lapse on your duty should have been given and you should have been given every opportunity to explain your side. If still want to conclude the contract of employment, then there should have been a proper F&F and Relieving letter etc.

Now you have 2 Options:

Option 1: Keep visiting the Office at periodic intervals to claim your
- last month salary and
-if your organization is coming under Gratuity cover, then claim the Gratuity
- PF details so that you can transfer the account balance to your new employment
- Notice pay (check your appointment order if any for this) As you were asked not to come immediately you can claim the notice pay also
- Leave Salary for the eligible days

Wait for a reasonable time as you served 10 years and the employer must have strong reasons to handle in such a manner. Try to be positive to the possible extent and collect your valuable money from the organization by frequent approach / reminders etc I have a strong feeling that no employer will deprive any benefit to an employee who served 10 years for him/ organization. Have a deep introspection before moving to any legal remedy on this. Direct discussion will always better and time saving.

Option 2 : At a point of you lose hope of collecting the benefits, then you may seek legal remedy by meeting a Labour Law PR actioner. The nature of your job is not mentioned hence could not assess whether you eligible to get remedy under Industrial Deputes Act 1947. The legal option is 2 way:

A. Remedy under Industrial Dispute Act (provided if you are eligible ) by way of exploring Conciliation before Conciliation officer of your Location and then if needed raising dispute
B. If you are not eligible for remedy under ID Act ( Kindly share your nature of service to an Advocate and find out ) , then you may seek remedy by raising a Civil Litigation before Court.

Take Care,
Dr.P.SIVAKUMAR
Doctor Siva Global HR
Tamil Nadu

From India, Chennai
mngs
Dear Sir, thanks for your reply. I was a Senior Accoutant in the Company. The company is registered under the factory act. My basic pay was 21.4k , gross 43k. I was terminated illegally. Can I claim compensation and bonus as well?

I started the job in the company when it was running in a rental premises, now it had 2-3 owned buildings.
Can you please compute reasonable claimable amount for me.
Your advise would be highly valuable and appreciable to me.

From India, Noida
drsivaglobalhr
300

Dear Colleague,
Your benefits are to be worked out by yourself keeping the guidance given. You may take help of any of your HR Friend. PF balance you may come to know from the PF Portal of EPFO. Other aspects you need to work out on your own.

As you were working as an Accountant more of clerical nature, you may try remedy under ID Act if such situation arise
Take Care
Dr P.SIVAKUMAR
Doctor Siva Global HR
Tamil Nadu

From India, Chennai
ommygautam
68

When any employee leaves the job for any reason (whether he resigns himself or the company removes him), then whatever statutory payment will be there will be given to that employee.
* Notice period or payment of notice period (as per the standing orders and appointment letter of the company)
* Outstanding salary payment.
* Payment of bonus (if the basic is Rs 21000 or less as per the current rules)
* Gratuity Payment (As per rules on last basic basis)
* Leave Encashment (as per company policy)
Apart from this, if any other part is prescribed in CTC on the basis of monthly payment, such as fuel charge, car lease, medical etc.

From India, Rudarpur
saswatabanerjee
2356

From what you have told me, it seems to be an illegal termination.
You can go to court asking for reinstatement.
however that is an expensive exercise.

You have the following options :
1. Send a legal notice asking for pay and also compensation. often that will result in the company giving your dues to avoid further problem.

2. approach your union and ask their help

3. Approach the office of Labour Office or Labour Commissioner and take their help. They will also tell you if you are eligible for protection under Industrial Dispute Act.

If neither of those help, then you need to go to a lawyer, or to an NGO that helps people in this matter, mostly on agreeing to share the amounts that is given to you as compensation.

Last option is to forget the money and focus on getting another job

From India, Mumbai
mngs
Dear Sirs,
As my gross salary was 42800.00 (21400 basic+21400 allowances) as an accountant, I worked in the company more than 10 years. I was ill legally terminated from the job.

I want to know shall I'm eligible for compensation under ID Act?
If employer call me for settlement should I demand compensation under the ID act?

Regards

From India, Noida
saswatabanerjee
2356

The question is of whether you are a workman under ID Act
The salary itself is immaterial. More important is the work you were doing.

As far as I can see (I want the seniors to confirm), if you are doing actual work, as against doing managerial work, you are a workman. So the question is whether you were primarily doing managerial work (eg controlling staff, granting leave, deciding the terms of work) then you are not a worker.

If the employer calls for a settlement, hear him out and if you are getting a fair settlement, don't bother with the legalities. In any case, legal action takes time. Opt for it only if the differences are too high.

From India, Mumbai
mngs
Sir, today I was called by the HR of the company for settlement, he wants to give gratuity and one month notice pay only. No payment of earned leaves and no compensation amount. He was
Saying, earned leaves are lapsed if not enjoyed so long (10 years), so maximum 40 leaves can be paid but he wouldn't like to pay them as well. Regarding compensation under ID act he said I'm not eligible for the same as my gross monthly salary is more than 24000.
As i mentioned I was working as an accountant and my basic salary was 21400 and gross pm salary was 42800.
Kindly advise the facts given by the HR are correct? Am I not eligible for unpaid ELS for last ten years and for the compensation under ID act?

Looking forward your valuable advise that will help me in taking decision.

Thanks

From India, Noida

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