Retrenchment Compensation In BPO

himad0
Dear All,
I am working in a BPO company for 6 years. Now process has ramp down and they don't need me now in this process. They are asking me to resign and they do not entertain my request for retrenchment compensation. They are threatening to block my current month salary if I didn't resign. It is clear they don't want to terminate me so they don't have to pay retrenchment compensation. Please let me know as soon as possible how I should deal them legally.
Pls let me know if i didn't resign, can they block my salary for current month?
Vijay Kumar HR Trainee
Hi,
BPO/IT companies do not pay retrenchment compensation, however you are eligible for Gratuity, leave encashment etc. Retrenchment compensation is applicable in factories and Industrial Establishments.
sandi_joshi
Dear Hemad & Vijay,
BPO comes under Industry definition hence ID act is applicable on BPO as well.
Therefore Hemad is eligible for Retrenchment Compensation.
thanks
Sandeep
umakanthan53
Whenever an employer, irrespective of the type of his industrial establishment, wants to retrench a workman due to inability to retain him further subject to the provisions of the Industrial Disputes Act,1947 in this regard, he has to comply with the provisions of notice and compensation. Otherwise it will tantamount to illegal termination and as such liable to be visited with reinstatement of the workman with back wages and continuity of service if agitated before the appropriate forum for redressal. That's the reason for the insistence of resignation and not due to nonapplication of the provisions. Better, lthe poster raises an industrial dispute if he is a workman as per Sec.2(s) of the I.D Act,1947.
rldhingra
HI
What is the nature of your job, Manageraial/supervisor/skilled etc.if you are workman under section 2(s) of ID Act 1947, you can approach the Labour Department of your area.
If the employer does not pay the salary on the due date (delayed), or makes unauthorized deductions, or makes short payment you can move the authorities under payment of wages Act 1936.
Thanks & Regards
RL Dhingra,Advocate
Labour Law Consultant Delhi&NCR
Mob.09818309937
Email:rld_498@rediffmail.com
himad0
I am a Quality Analyst there. Suggest me if I resign with reason that company wants me to resign. Will That written resignation letter be proof of company forceful Resignation Or I just refuse to resign.
Can they hold my salary if I refuse to resign?
How can I claim my retrenchment compensation?
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