Dear Sir,
I am working in an Construction company as an Site HR executive.The company is facing financial crisis therefore without any notice period the top management forward me to terminate/release some employees from the site. So I have to release some staffs from the site.But as per their Appointment letter the company had to give them notice period,but it didn\'t gave it & even hold their salary for the month of June.
So at this point what step should I take.. Kindly advice
From India
2I am working in an Construction company as an Site HR executive.The company is facing financial crisis therefore without any notice period the top management forward me to terminate/release some employees from the site. So I have to release some staffs from the site.But as per their Appointment letter the company had to give them notice period,but it didn\'t gave it & even hold their salary for the month of June.
So at this point what step should I take.. Kindly advice
From India
Dear Ravi,
Under Section 25F of the Industrial Dispute Act , 1947 it is mandatory on the part of employer to give one month's notice to the employee while retrenching him from service., and as you stated that they have also mentioned notice period in your appointment letter. If you are within the meaning of employee under ID act go to the local labour authority if not get legal advise from senior to resolve the matter.
From India, Mumbai
Under Section 25F of the Industrial Dispute Act , 1947 it is mandatory on the part of employer to give one month's notice to the employee while retrenching him from service., and as you stated that they have also mentioned notice period in your appointment letter. If you are within the meaning of employee under ID act go to the local labour authority if not get legal advise from senior to resolve the matter.
From India, Mumbai
I believe this is a case of redundancy/retrenchment. So you have to follow as per the applicable act.
From India, Bhubaneswar
From India, Bhubaneswar
Under the circumstances if you denied to pay the legal dues of employees those covered as workman under the ID Act, the dispute definitely will go to the labour court/Conciliation officer for non payment of retrenchment compensation either under 33-c[2] or under sec-15[2] of the payment of wages act. Then you have to face consequences that can be 10 time penalty and re-in statement also can be awarded by labour courts. Because the termination is illegal without paying the legal dues/notice pay within expire of second working day of the termination .
From India, New Delhi
From India, New Delhi
Dear Sir,
Thank you for your valuable advice.. I already discussed the matter to the top management & viewed them the real scenario what might happen if the terminated employees move to labour courts and we had to face the penalties. The Top management indeed released the pending dues to the teminated employees yesterday evening.
Thank you very much once again.
Regards,
Ravi Shankar Boruah
From India
Thank you for your valuable advice.. I already discussed the matter to the top management & viewed them the real scenario what might happen if the terminated employees move to labour courts and we had to face the penalties. The Top management indeed released the pending dues to the teminated employees yesterday evening.
Thank you very much once again.
Regards,
Ravi Shankar Boruah
From India
Well, its good if they have paid the pending amount for the salary that was due, but as they have not given the notice period to the employee they need to pay one month salary in lieu of not giving them notice.
From India, Lucknow
From India, Lucknow
Dear Friends,
I started working for a company in Sep and got my salary for the first month. Now, all of a sudden the Owner informed me that he is shutting down the business because he is not able to cope up with his job and the business together and he said he would just pay me for the 11 days that ive worked with him in Oct.
I want to know that is there a possibility of me claiming a notice or payment of 90 days, as i did everything to increase the business however there was a lack of interest from the owner's side for which i would have to pay by being unemployed till the time i dont get a new job.
Please advise if there is any option left for asking any sort of compensation or notice. Also, the company was a small scale business in Ad world.
Regards,
Divya Singh
From India, Mumbai
I started working for a company in Sep and got my salary for the first month. Now, all of a sudden the Owner informed me that he is shutting down the business because he is not able to cope up with his job and the business together and he said he would just pay me for the 11 days that ive worked with him in Oct.
I want to know that is there a possibility of me claiming a notice or payment of 90 days, as i did everything to increase the business however there was a lack of interest from the owner's side for which i would have to pay by being unemployed till the time i dont get a new job.
Please advise if there is any option left for asking any sort of compensation or notice. Also, the company was a small scale business in Ad world.
Regards,
Divya Singh
From India, Mumbai
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