Background Information
I have been working in a pharmaceutical company for the last 15 years as a sample custodian. Last October, my department changed to the chemical department. Last week, our increment process was completed, but I did not receive my increment letter. I asked my immediate reporting boss for the letter, and he told me to go to our HOD's cabin to find out why I hadn't received it.
When I went to the HOD's cabin, he told me to search for a job within one month because there is no more work for me in our lab. I did not argue with my HOD at that time, but I am unable to understand what is happening to me.
Questions and Concerns
1. Is it right or wrong for the HOD to give me a verbal warning to search for a job?
2. What is the exact notice period I should consider for relieving?
3. How much time do I have in hand?
Kindly help me; I am awaiting your reply. Thank you so much.
From India, Mumbai
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I have been working in a pharmaceutical company for the last 15 years as a sample custodian. Last October, my department changed to the chemical department. Last week, our increment process was completed, but I did not receive my increment letter. I asked my immediate reporting boss for the letter, and he told me to go to our HOD's cabin to find out why I hadn't received it.
When I went to the HOD's cabin, he told me to search for a job within one month because there is no more work for me in our lab. I did not argue with my HOD at that time, but I am unable to understand what is happening to me.
Questions and Concerns
1. Is it right or wrong for the HOD to give me a verbal warning to search for a job?
2. What is the exact notice period I should consider for relieving?
3. How much time do I have in hand?
Kindly help me; I am awaiting your reply. Thank you so much.
From India, Mumbai
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Hi,
As rightly pointed out by Mr. Ravi, this is not going to be the end of your career. As the employer is providing you with one month's notice, start looking for a new job. Since you possess more experience, you will find a job.
Please ensure you collect your full and final settlement from your employer, including Gratuity.
All the very best!
From India, Madras
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1015As rightly pointed out by Mr. Ravi, this is not going to be the end of your career. As the employer is providing you with one month's notice, start looking for a new job. Since you possess more experience, you will find a job.
Please ensure you collect your full and final settlement from your employer, including Gratuity.
All the very best!
From India, Madras
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Employer-Employee Relationship and Termination Rights
You have been serving this company for the past 15 years, and based on your position, you fall under the workers' category. Therefore, an Employer-Employee relationship is established. In these circumstances, the company cannot terminate you without any cause. As you mentioned, if there is no work available to be provided to you and if your company falls under section 25B of the Industrial Dispute Act, then the company can retrench you by paying retrenchment compensation. However, they must obtain prior approval from the Government Authority before retrenching you. In any situation, the company cannot terminate you or ask you to submit your resignation; they may transfer you where work is available. It is important that you do not submit your resignation on your own. If they pressure you to submit your resignation, you must file an FIR as soon as the company forcefully takes your resignation. This action will serve as evidence in court that the resignation was obtained forcefully.
Even if they verbally terminate you, this would be considered illegal, and you can approach the Government Authority for oral termination under section 2A of the ID Act.
The above-mentioned remedies are available to workers, and it depends on how you defend your case. If you do not fall under the workers' category, you have no voice in the Labour and Industrial Court.
Regards,
Shaikh I.Y.
Manager HR
From India, Nashik
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You have been serving this company for the past 15 years, and based on your position, you fall under the workers' category. Therefore, an Employer-Employee relationship is established. In these circumstances, the company cannot terminate you without any cause. As you mentioned, if there is no work available to be provided to you and if your company falls under section 25B of the Industrial Dispute Act, then the company can retrench you by paying retrenchment compensation. However, they must obtain prior approval from the Government Authority before retrenching you. In any situation, the company cannot terminate you or ask you to submit your resignation; they may transfer you where work is available. It is important that you do not submit your resignation on your own. If they pressure you to submit your resignation, you must file an FIR as soon as the company forcefully takes your resignation. This action will serve as evidence in court that the resignation was obtained forcefully.
Even if they verbally terminate you, this would be considered illegal, and you can approach the Government Authority for oral termination under section 2A of the ID Act.
The above-mentioned remedies are available to workers, and it depends on how you defend your case. If you do not fall under the workers' category, you have no voice in the Labour and Industrial Court.
Regards,
Shaikh I.Y.
Manager HR
From India, Nashik
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Yes, you definitely have the option to approach the labor court or any other forum. However, before taking this step, you need to consider the other side of the legal case, including its cost, time commitment, and the expected duration for completion. It may be beneficial to discuss with your employer the possibility of obtaining more time or months to search for and secure another job.
Regards,
Dibyendu
From India, Kolkata
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Regards,
Dibyendu
From India, Kolkata
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf