I've worked in a BPO sector where I was asked to leave the organization without any notice. As per labor law, if the company fires an employee without giving a notice period, is he/she eligible for the 90 days' salary?
From India, Mumbai
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1From India, Mumbai
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Please refer the appointment letter terms if termination during probation period is without any notice
From India, Ahmadabad
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From India, Ahmadabad
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Understanding Labor Law for Workmen
First of all, if you are a 'workman,' then only labor law, i.e., the Industrial Disputes Act, is applicable. To determine whether you are a workman or not, the nature of your work is required.
Depending on the tenure of service with the company as well as the nature of the company, different labor laws may be applicable to you, and you may be entitled to more than 90 days' salary. Please note that there is no term as "asked to leave" under labor law. Either you resign voluntarily, or the company terminates you. Since you have resigned voluntarily in this case (as you seem to have no documents to show that the company actually asked you to leave), you will mostly be guided by the terms and conditions of your appointment letter, which need to be looked into before further advice.
From India, Kolkata
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First of all, if you are a 'workman,' then only labor law, i.e., the Industrial Disputes Act, is applicable. To determine whether you are a workman or not, the nature of your work is required.
Depending on the tenure of service with the company as well as the nature of the company, different labor laws may be applicable to you, and you may be entitled to more than 90 days' salary. Please note that there is no term as "asked to leave" under labor law. Either you resign voluntarily, or the company terminates you. Since you have resigned voluntarily in this case (as you seem to have no documents to show that the company actually asked you to leave), you will mostly be guided by the terms and conditions of your appointment letter, which need to be looked into before further advice.
From India, Kolkata
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First, I find your query confusing because there are no punctuation marks. I don't know whether the question is one, or if it's a statement and a question, or just a statement, or what you actually want to know.
Further, you have given no information on how long you have worked there. You have not stated why you were suddenly asked to leave. BPO is still short of trained people, so I doubt if it's just random.
I do not know where you got the information that labor laws state you get a 90-day notice. I don't know of any law that requires that. The standard notice period under the Shop and Establishment Act as well as under the Standing Orders is 30 days. However, it can be higher if the same is stated in your certified standing orders or in your appointment letter. If you are a manager, then the notice can be lower than the 30-day limit.
Again, as Ritesh says, whether you were fired or you resigned is another question that will decide whether you are eligible for notice pay or not. And in the case of resignation also, it's a question of whether you offered to serve the notice period or not.
From India, Mumbai
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Further, you have given no information on how long you have worked there. You have not stated why you were suddenly asked to leave. BPO is still short of trained people, so I doubt if it's just random.
I do not know where you got the information that labor laws state you get a 90-day notice. I don't know of any law that requires that. The standard notice period under the Shop and Establishment Act as well as under the Standing Orders is 30 days. However, it can be higher if the same is stated in your certified standing orders or in your appointment letter. If you are a manager, then the notice can be lower than the 30-day limit.
Again, as Ritesh says, whether you were fired or you resigned is another question that will decide whether you are eligible for notice pay or not. And in the case of resignation also, it's a question of whether you offered to serve the notice period or not.
From India, Mumbai
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