AnonymousIf the appointment letter of the employees specifies that the agreement would come to an end, at instance of either party by giving the other a notice in writing for three months, whether this clause will be sufficient for the Company to terminate the employment contract with 250 employees by giving three months' notice period or the rules specified in Industrial Dispute Act with regard to retrenchment has to be followed. Kindly advise.
From India, Bengaluru
KK!HRThe conditions of retrenchment varies from the termination of service by payment of notice period. By the 1984 amendment to Section 2 (oo) adding sub-section (bb) to it, the termination of the service of the workman as a result of such contract being terminated under a stipulation in that behalf has been excluded from 'Retrenchment'. This has to be examined in depth.
When 250 employees are terminated, is it because of the closure of the firm, then the corresponding provisions in the ID Act have to be considered? More details are needed to give a considered view in the matter.
From India, Mumbai