Anonymous
Hi all, I need advice from Indian Labour law experts. I am working with one of the BPOs in Gurgaon, Haryana for more than 6 years. My designation is Senior Manager Operations.

1. Due to some feedback from the client, I was asked to leave with a 30-day notice period.
2. During my notice period, I was asked to stay at home.
3. No redeployment opportunity was given to me, citing no openings in other departments at this time.
4. The reason for the termination of my services was not given to me on paper or email.
5. My last performance rating in the organization is "meet expectation" (3/5).

Can I demand the following?

1. Another 2 months' notice, making it a total of 3 months. However, as per the company policy, the standard notice period is 30 days.
2. Termination compensation at 15 days' salary multiplied by the number of years worked.

Thanks.


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Dear friend, replies to your questions are as below:

1. Another 2 months' notice, totaling 3 months. However, as per company policy, the standard notice period is 30 days.
Reply: Apart from the standard policy on the notice period, check the provisions of separation in your appointment letter. If the notice period is more than 30 days, then you may approach HR to increase the notice period.

2. Termination compensation @ 15 days' salary X the number of years worked.
Reply: This is called severance pay. The payment of severance pay is not mandatory, and there are no standard rules. However, you may ask for this pay. As far as statutory provisions are concerned, if you have 6 years of continuous service, you are eligible to receive gratuity under the Gratuity Act. Discuss with HR the inclusion of gratuity in the terminal benefits.

Thanks,
Dinesh Divekar

From India, Bangalore
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