M.Peer Mohamed Sardhar

Termination will be illegal when neither retrenchment compensation was paid nor notice was given
Termination of service of workman who had worked for not less than 240 days in one year will be illegal, if the employer has failed to pay retrenchment compensation and giving of notice or wages in lieu thereof at the time of termination of the service of the workman.
Deepak Miglani
Legal Buddy
For any query:-

From India, Coimbatore
Dear Mr. Sardar,could u please let me know what all license should company obtain when opening a new outlet?
From India, Mumbai
S D Patil

The Retrenchment Compensation is mentioned in Industrial Disputes Act 1947. It is 15 days wages for per completed year of service or part thereof. This is the compensation payable at the time of retrenchment. This is the amount called as Retrenchment compensation payable for the services rendered by workman. Termination notice or pay in lieu of notice is given as per service contract.

From India, Kolhapur
S D Patil

Daer Miglaniji
Retrenchment will be illegal if
a) Retrenchment compensation @ 15 days wages for per completed year of service not paid at the time of Retrenchment
b) Notice or Notice pay in lieu of Notice is not given
c) Seniority list is not displayed & served to the specified authority
If any one or all conditions are not followed at the time of retrenchment, then the Retrenchment will be illegal
These are the must conditions which shall be followed at the time of retrenchment

From India, Kolhapur
When you say 15 days wages, does it mean 15 days of basic salary or 15 days of lumpsum salary which includes Basic Salary, HRA and all allowances? Please clarify some one.
From India, Thane
S D Patil

Subject - Re: Termination will be illegal when neither retrenchment compensation ..... Wages for compensation includes Basic+DA+HRA+other allowances if any Regards SDP
From India, Kolhapur

We were laid off from a IT software company at Bangalore 20 months ago. [ We were forced to submit resignation letter, to make it appear as if it was voluntary resignation ] The company has about 3000 employees. It is a profit making IT company.
Can you please clarify the below points:
1. Is it proper to lay off people like this?
2. Can we get back our jobs in the same company?

From India, Bangalore
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