‘Termination rules for employees’ will always be a daunting term for any employee. An employee’s livelihood is dependent upon them being in employment and earning their monthly salary, and if that very livelihood is taken away, it can cast a gloom in their lives. However, termination of employment can be for various reasons, and a company will and should always have suitable reasons for taking such decisions. Fortunately, we do not have a ‘hire and fire’ policy in India, so there couldn’t be a termination without notice in India, unlike the West. Employers need to follow certain procedures under the law before terminating an employee’s service, and in some instances, even pay compensation. They do need to follow Indian Labour laws for Termination of Employment.
In this article, we will try and set down the manner and procedure for termination of service, and the monetary entitlements thereto.
‘Workman’ and ‘Non-workman’
Employees in India are generally categorized as a ‘workman’ or a non-workman. The term ‘workman’ has been defined under the Industrial Disputes Act, 1947 (“ID Act”), and would inter-alia mean all persons employed in any industry but does not include an employee who is in a managerial, administrative or supervisory role. Apart from the definition under the ID Act, there is no set formula to distinguish between a workman and a non-workman, and the position has been tested and established through various judgments, depending upon the nature of work being carried out by an employee.
An employee who is considered to be a workman will be governed by the ID Act, and their termination of service will have to be in accordance with the provisions of the ID Act.
Types of Termination of employment
Termination of employment may take place due to misconduct, discharge or retrenchment.
Misconduct
Termination of employment can be for misconduct, for which the employer is required to conduct disciplinary proceedings. The procedure to terminate an employee in India, for conducting a disciplinary proceeding has been set out under the law. It includes constituting and having a disciplinary panel, serving a show cause notice to the errant employee, and giving the employee a reasonable chance to put forth his defense. Proceedings have to be conducted in a fair manner, keeping in mind principles of natural justice.
In some cases, the outcome of the disciplinary proceeding may justify dismissal without notice, and any compensation. Under law, the term misconduct provides a list of circumstances and events which would amount to misconduct. It is an inclusive list, and hence, employers have the right to include in their company policies/ service rules, such other events, as it may deem fit, which would in their line of business, amount to misconduct. Misconduct includes wilful insubordination or disobedience; theft, fraud or dishonesty; wilful damage or loss of employer’s property; bribery; habitual lateness or absence; striking unlawfully and sexual harassment.
The aforesaid procedure for termination will apply to all employees whether workman or non-workman.
Discharge
The termination of employment of employees who are not workman are governed by the notice period in their employment contract, and the shops and establishment act (“S&E’”) of the State in which they work. Generally, the State S&E’s provide for at least one month’s notice of termination, or pay in lieu of termination, and in some instances, termination needs to be with cause, and in some other cases, the employer needs to pay compensation for terminating the employment. The notice of dismissal under an employment contract should not be less favourable than what is prescribed under law.
Retrenchment
The Industrial Dispute Act sets out the steps to be undertaken for retrenchment. The term retrenchment has been defined to mean termination by the employer of employment of a worker for any reason, other than disciplinary grounds, with certain exceptions.
An employer who proposes to retrench a workman, who have been continuously employed for more than one year, must give one month’s notice (together with the reason for the retrenchment) or pay in lieu of such notice to the workman. The employer must also inform the local labour authorities of the retrenchment within a stipulated time frame.
Rules for Retrenchment Compensation
Additionally, employers are also obliged to apply the “last in-first out” rule in selecting the workman for retrenchment except for reasonable cause. A retrenched workman is entitled to retrenchment compensation as per the provisions of the ID Act, which is calculated at the rate of 15 days wages for every year of continuous service. Certain establishments (factories, mines, plantations) employing over 100 workers may not be retrenched unless three months’ written notice, stating reasons for the retrenchment, or pay in lieu of notice, is given to the worker. Furthermore, prior approval from the relevant governmental authority must be taken before the retrenchment is made.
Severance Pay
Upon termination of employment of any employee, the employer is required to clear all dues, which are payable to the employee at the time of the termination. Some of these payments are as follows:
- Notice pay, where notice of termination has not been given;
- Salary for the days worked, but not paid for, during the month where the employee has been terminated;
- Payment of gratuity for employees who have completed at least 5 years of service, in terms of the Payment of Gratuity Act 1972. This act is applicable to establishments which have 10 or more employees. The gratuity is calculated at 15 days salary for every completed year of service;
- Leave encashment, for the leaves accrued, but not used by the exiting employee;
- Statutory bonus, if the employee is eligible for the same. Employees who are earning up to Rs. 10,000 per month and who has worked in an establishment for not less than 30 working days in a financial year will be entitled to statutory bonus under the Payment of Bonus Act, 1965;
- Retrenchment compensation, if the employee is a workman, and his services have been retrenched;
- Such other dues that may have been contractually agreed between the employer and the employee, or is payable under the employer’s company policies;
- Assist the employee in making applications to the appropriate authority, for withdrawal of the provident fund dues, accumulated to the credit of the existing employee.
There may be other dues payable, and such will vary from employment to employment.
I have know more about
company termination and fire policy
send fl details about it.
Whats low in india about
termination.
after 12 year company fire employees
whats rule for old employees in big companies.
send contact information for know more about it.
Contact on 8319985385 or 7770833377
If termination of an employee has been done on false, fabricated matter considering caste factors and protecting of employer self undue interest.and
No transpirancy in maintained to meet natural justice.
Pl. send advice
Hi Mahesh, I have the similar issue. Can I talk to you to share the learnings and the law available for us. My mail is ningaraju2000@gmail.com
Please brief me that company fired on age of fitety what is rule of govt .
ihave worked for11years on contract basis in self gov company in kerala as a computer operator and now as sys admin. while the gov changed they have fired me and my couligues. ihavegiven a case to managing director for the same. labour court given me award as negative. as my appointment was not through the properway. my appointment was with the help of my friend so there is no proper evidence for my appointment. but later i got the properproceeding for 8-9yearsfor 3 years idont have papers for evidence. is there is anychance further?
Dear Yogesh,
I’m very much interested in knowing this policy in detail.
Waiting for your kind response.
Regards
Rajneekant Mishra
7836955120
May I request you to reach out to the Finance Minister and make an application for exempting interest from the EPF (Employee provident fund) corpus for those who have resigned (made to resign with settlement), terminated, on Sabbatical, etc before the age of 58. The rationale is that interest on this earned PF corpus is tax free if the person is in employment (as employer is paying PF contribution every month), while the same corpus becomes taxable if he is not in employment. The purpose of PF is defeated as the scheme is designed to encourage citizens to save on PF till age 58.
Moreover many employees run the risk of getting income tax notices for the past 7 years, with penalty if they dont pay interest on the PF they have retained with EPFO.
I did tweet this to the FM last month, but didnt get any response. It will be great if you can use your office to make appropriate representation for many people who have lost their jobs or are struggling to find a new job. Thanking you.
In case of retrenchment / close of business by the employer before completion of one year then what should be notice period and the compensation that needs to be provided to the employees
Dear Sir,
This is Raja from Pondicherry working as a HR Manager. we want to terminate three guys who are foring the other people to involve illegal strike and frequnet nuisance to the management. They were approached the Union for their demand. In this senario how i can handle them.
first of all as a HR manager ,you should be sympathetic toward these guys, if they are really a problem,and indulge in illegal activities at work place ,today’s world you can record every thing. so do that and warn them, still they continue you can serve them notices , and ask them to leave the organisation.
it sounds simple, i know the repercussions , you need to handle it in real professional way, not to be a senty.
I have been terminated from job without resigning and proper reason… What should I do
Contact on 8319985385 or 7770833377
Who Are they.. Is they take the correct action against the company
you contact this given no. , please tell us what did they said and Is they take the correct action against the company
In India lakhs of employees getting terminated but there seems no action taken by labour department.Working since last 10 years in IT Industry.have seen many illegal termination. So people will hate to work in private industry.
Whatever rules Private sector employees are terminated with out any reason or compensation. Lay offs are common by giving pink slips citing the reason of company’s poor business growth or dismal performance of employee or bench clerks who wait for the work for projects. Employees must be protected with strict legal provisions and suitably compensated.
ask for compensation ,seek help from the office of labor commissioner, if you have worked moremore than 5 yrs. you will be eligible for gratuity, and other benifits ,i,e. leave wages ,pf, bonus etc . pl consult a labor officer he will be areal help.
What is the act, policy or GR of the NGO, Semi government NGO, Trust, Non profit NGO About the Leave, sick and casual leave, Salary and working hours.
I am wife of the employee with a leading company who got the termination of services after 30 years of service in the same company…. Was very regular for work…just 3 months before he was terminated.. He went on LTA… At home he said he is going with his friends n will return after a week….never returned he went missing…. He is still missing… I made several enquiries when he didn’t return after 15 days…his services were terminated as per rules and they sent notice to this effect… Days went into months n now years.. His retirement date also got over.. He is still missing….
No where we could trace him…. Can you please help me in atleast getting the money ….His service benefits still in the company only as they did not help me to claim the same. I am struggling with my salary… Somehow I gave good education to my son…. For PF n EPF nominee is myself… But unable to claim it…. I would be very grateful to your help in the matter.
In case whereabouts of a person is not known for seven years his/ her death is presumed .This has to be declared by a court upon making and application.A nominee can claim EPF Gratuity etc only after the demise of the employee.
Consult a lawyer for proceeding ahead.
My no is 7987081807 call me if need some help
Log a complaint in Labour court with the details.
Definatley they will help you & your employer will be dare if you log the compliant.
We are forced to sign in 1 year bond without any benefit. If we never accept this, our top level management ask us to resign the job. So in this case, how we will raise this issue with govt?.
Hello Team
I want to know on medical ground company deduct TDS from PROVIDENT FUND amount it is valid I have work for 4 years in company and company not paid me GRATUITY also
You will be eligible for gratuity after completion of 5 years of your services in same organization
I have been terminated from job without resigning and proper reason and without any dischage letter. What should I do? What step should i take against company?
Dear sir i m worked in Luxor writing instruments co he he is forcing me give the resignation otherwise not given you full and final he is say were saying repeatedly give the resignation
Hi, Thanks for an update. But however I would like to know if an organization can take security deposit from an employee and what is the meaning of Employee Contract. Under which law, this can be covered??
I hope you will answer my querry
i was terminated with one day notice stating that i am an underperformer. i asked them to give one month time, but they did not listen. what should i do for this
What if… If the employer does serious behavioural misconduct with the employee
My company force me for resign I resigned 16 January also my November December ta da remain on company also December month only they give half salary I send mail to HR for ful n final they send me a mail it is in process it will time only this reply comes what I can do. I worked there 8-9 month
I have a problem , I was resign for 10 day at Pooja international Pvt. Ltd
But they create problem with me they are not not giving me full and final settlement
Please help me
I want to know more about the rules and procedure of this ID act. Please send it to me on 9919457166
No one even bothers about these matters.. There are many companies who all are not giving salaries to their employees and they are it for the past 35 years.. One of them is Valeda herbal Pvt LTD( this company is in Kaushambi Ghaziabad,U.P.).. Many employees lodged a case against them but nothing happened.. Seriously wanna do something to shut down these types of companies..
Could you please tell that is there any rule under which an employee can be fired if he/she’s on leave for more than 6 months for medical reasons? Since, the reason is medical, so that employee cannot work from home & also that employee isn’t on leave for leisure purpose but ‘Medical’ (which cannot be manipulated).
Please, kindly reply.
Its very simple. lots of people are getting terminated because there is job for you or there are no projects to assign you or you are not upgraded as per companies needs. Companies are running to keep your job running and paying for nothing. They are private companies and they are running for their business needs. Remember its not a govt. job to enjoy un usual benefits. You have to work hard, keep you update and despite of all that companies might run out of projects in this fast growing market and needs to cut the cost, so major cost cutting comes from terminating employees and no one can question that. If you guys are so concern about that, just write civil services and any govt. jobs and settle your life.
I was also working in a leading company of India for 12years.They forced me to resign and I give my resignation then I go to labour court but they will not able to help me.Now I has got almost 2years.I am still unemployed.Is there any help or any suggestions what will I do.If there is any hope , please let me know.
I was also working in a leading company of India for 12years.They forced me to resign and I give my resignation then I go to labour court but they will not able to help me.Now I has got almost 2years.I am still unemployed.Is there any help or any suggestions what will I do.If there is any hope , please let me know.I have already told that but what now.
Hi,
Friend should not give resign letter but you can ask termination letter because if you get termination letter you can get benefits from company for remaining service if you move labour court
Respected indian,
i am a indian, i am informing to you all, in our country labour law is not highly implemention and our system contractor of the limited company and other group, etc,,, alll ther only use of manpower and its skills without proper respect and compensation and salary issue too much…. in all all state…
in industry, labor-life, technician-life, helper-life, supervisor-life…nothing value? no one can give proper insurance no any medical fecilities for his / her family… …and after 11month contract close, employ have no any right to do any thing…..this is the very bad situation of our society…
even some time contract labour, supervisor, employ have no proper documents for applying home loan, education loan for child, etc….
when will this system improve?
My wife was working with Hindustan Times Delhi Office from last more than 10 years. Due to demonetization by our Prime Minister Mr. Narinder Modi, company decide to take resign from the employees to cover their overhead expenses. Lot of employees request them to not take resignation, it will be better to reduce the high end salaries to the higher officers. Because their package is around in crores. But they don’t listen and forcefully taken resignation from the employees. Their was no another way, because their was clear cut warning about the dues will not to be paid. She is still unemployed. Is there any help or any suggestions what will I do. If there is any hope , please let me know. Regards
Hi
I was working in a leading MNC as Development manager for almost 11years. But unfortunately company forcibly asked to resign on 15th Feb. Company provided me 3 months salary and gratuity but now am not able to get any job outside and stil unemployed.Is there any help as I need to take care of my family..please sujjest
Iam working in PSU.MY NATURE OF WORK NOT RELATED TO MY DESIGNATION WITH RESPECT TO TRADE.IAM JOIN AS OPERATOR WITH ELECTRICAL BACK GROUND.
PLEASE HELP .
In more PHARMA company’s taracture to bonded in AP and TS states what abt this . Can you please explain about this service aggriment working correc.
I am working at mittal bullderds
I am driver
gratuity to be paid if an employee worked in an organization 4 years and 10 months. he is eligible to get gatuity.but many times becose not completed 5 years payment is not made this is wrong
I was forced to resign in last year November by my company without any valid grounds just because a few tasks were delayed by our service providers (with whom I was dealing) for non payment of their bills as it was a habit of the company to hold payments for long times. I had already taken the case with my boss regarding this delay in work due to our non payments and requested him to take the case to the management. He was a coward boss and put all blames on me when management came to know the issue and asked my resignation. Though I am forced to be self employed now as still struggling to get a job even after having more than 20 years of experience in various companies I just want to ask our law makers is their a law in India to stop such forceful resignations to protect the employee or still the old law of Maalik and Naukar being followed by us.
I worked for ienergizer for more than a year. In month of February they terminated and didn’t gave me experience later and releaving later. What should I do in this case.
I was an employee of an MNC and had worked there for 2 years and 9 months & in the month of Aug,2017 was made to resign under forceful scenario.After making me resign from my current duties I was also levied a penalty for the foreclosure of my car lease policy. I had been fighting against this till now but now I am facing financial hardship and needed money so I requested the organisation to do my full & final settlement and I have received a total of 13k as my F&F amt on settlement . Kindly let me know how do I take this up legally & sue the organisation .
I am working as a pharmacist in a hospital
in new Delhi.I have completed 1 year here and now I am selected in another hospital with a far better salary .Now they are not accepting my resignation due to a BOND period of two years.They are saying that you have to complete two years minimum as a bond period otherwise Hr will filed a court case against me.I want to know it is compulsory to complete the bond period.They are not accepting my resignation and also not giving the salary I ‘ve offered in another hospital.
We Seafarers, despite of been back born of the country are pacing lots of harassments & most of the cases couldn’t settled due to DG Shipping used to keep quit & it is indirectly favouring to employers & training institutes to make profits by using innocent seafarers. Some of colleagues also act as trade Union but they are Union trades but innocent seafarers either could not understand them or they compelled to go with them due to employers compromise with those fake Union by pointing employment for the members of those particular Unions.
Hi Sir,
I have 8 years of experience in MNC, and recently i have joined with some other company, HR and Hiring Manager was explained me about the JD when i attended the interview, which was matching with my profile same as i was doing for past 8 years, however after i joined the company i came to know that the job role is completely different from my experience, and now Company is asking me to look for a different job, so what should i do please advice?
Thanks,
Vinoth
Companies act really dirty when they decide to terminate any employee especially on the grounds of false allegation and personal discrepancy. I would really request most to spread the awareness among people especially new employee or a less experienced employee to spread this awareness on what steps one should to when suchlike incident happens.
I m working in a private company,before 4 months I got a show case notice from company regarding working in some other organisation,i gave reply to my company legally,but since that I m not getting any response nor any phone call/mail from my company.i don’t want to work now in my company just want to settle down all our issues.Do I get all my pending salaries, bonus,dues,PF or not.
I will happily leave,don’t want to go legally.
Plz advise
Our company is forcefully asking for resignation from approximately 100 employee. Not giving any logical explanation. What we should do
Dear team,
I worked for three private company suppose A B C.
I have been terminated by my company C after three years of service and the reason they provided to me that my previous(B) of previous organisation (A) was fake. The process was ramp off of company A and also all the documents except emoluments lettter i have lost accidentally while joining B company. Now my company C is asking me to provide the documents of company A and as per them company C the back ground verification report of company A was found negative in 1st year of service. Is it law that after 3 years of service they will terminate me for the same reason.
I am presently on sabbatical leave on account of child care and will not be able to resume my job. My company is asking to serve 90 days notice period or pay for the same. Is there any way out i can get waiver on the same?
This is very good information for that employee who have fired from his company. Software Company in Dehradun. I have read all article carefully. I am following the proper government rule.
Sir I worked for Infosys bpo from 2006 2009. I was terminated for not informing to my team leader about my leave I was marked as absconding. I admitted in hospital for 2 weeks on typhoid fever I constantly informed my about my sickness which he was doubtful. One fine day they called and informed me to come office and take my termination letter and they abused me. I couldn’t go due my sickness at that time because they marked as absconding I am denied good job I am jobless and I could not attend any interview. I called my hr manager of Infosys bpo he was not in position to hear my story. I am struggling to get good due to the tag as absconding. What should I do get tag out. Can u help me in regards
This is not fortunate, but unfortunate. India should have hire and fire which is a great boost to mass manufacturing and modern electronics industry. All of Japan, korea and China allow easy and clean (and honest) ways to quickly hire and fire many people. But due to Indian low foresight laws, job security has become a birth right, and so low industrialization and poverty is the result.
Labor laws should rather focus on employee rights like safety and humane work environment, timely payment of salaries, overtime, allowances, harassment etc. But it is the right of the employer to hire or fire, not the employees’ .
It has no rules in India. Especially Tamilians and Maharashtrian Brahmins will let only their caste employees work . For others they will harass and make them resign forcefully.
Companies are using 3rd party companies and place to an employer to hire a person whom they want to retrench. Then with the new 3rd party company, they will post to a far distant place where the employee has to spend 3-4 hours one way for travelling and then at the end of 3rd month the employer will simply say that the contract was only for 3 months and it has ended. However the 3rd party which hired will not give this info at the time of hiring. What will you do in such a situation
Who will hear the such consequences like termination and retrenchment related issues? Second things, is it applicable in any organisation like teaching in private engineering colleges?
Hiiiiii
Normally owners are very thankless people… Even exploitation in education field is not less..to be very honest…. Owners r not the academicians so want to run the institution in their own way…. Principals are just the signing machine n nothing else. Recruitment of substandard faculties who r not up to the mark….heiring at low cast or They will not hier the faculties n expect the principal to take whole 8 periods. In between there some urgent need, let the class suffer who cares…. Then, syllabus not complete, who will make the paper for exams, correction of answer sheets….if something goes unsystematic, Principal is caught…. Syllabus not done, Principal to blamed….
Else terminated without defining the reasons….. Without any compensation…. There is no rules for the money people….
I had emploment last 7 years in a ltd company.I have resigned my job march 2018 regarding salay not getting monthly. Now my 6 months Salary is due. I received relaving letter 10th may 2018.Till now i did not received my Salary due and EL, gratuity. My colegu not received his dues from last 2 years. My position is in the same. Pls suggest me what is the way and how to claim.
i have got terminated but yet didn’t get pending salary .and all the dues have been paid by me.
I have worked in a recognised school for more than 23years, management has terminated me on 31st dec’2014, with a simple reason , I was absent to school for a day due to my child’s I’ll health, the next day when I went to school, he said that we don’t need your services, it has been 3 years, please suggest.
My current employers have a policy that while an employee accepts the offer, he/she has to give an undated cheque equivalent to 1 month’s CTC as joining security deposit which the company encash if one does not join. It is given back after the employee joins the organisation
Also, while joining, another such cheque is taken worth Rs. 1 lac as 3 year bond (they call it agreement). If an employee leaves before 3 years, it is encashed. Most of the employees are such who have some problem and hence they had joined. So, they generally do not object to it while joining. Only after joining, I realised that certain people had refused for the 3 year agreement & they do not have any such agreement.
In the 1st place, can the company have such agreement for professionals who are not fresh graduates?
If yes, can the company have such differential policies for employees who agree and for those who do not?
They have taken signatures on agreements as well.
Pls guide.
I was working with Wipro and got terminated without any reasons and when I talked to the hr manager he told me that it is written in my offer letter that they can terminate me without any reasons. But after terminating they had not cleared my tour expenses also which are worth 1.5 lacs. My question is can I file a legal case against the company. Can u suggest me some option.
Pls talk to Lawyer. The problem is that we don’t seem legal advice and action .
Good evening sir,
My name is dheeraj Kuma and I am from Delhi.
I am working in OPPO MOBILES DELHI PVT LTD as a post of promoter.
My problem is If any promoter doesn’t achieve his target than company direct terminate promoter .
Please tell me that what should I do about this.
hellow team
let me guide what shoud i do ?, i m a wroking in PUS company as contracual staff last 10 years but unforuntly company give me break of one month in last 2 years and all cleareance clear every year they also paid our gueguity and pf trasfer to new pf number and break our continuity its play with our career and life so guide me what should i do so they cant give break and take me on payroll.
I worked in a leading NBFC in India for 3.5 years, got terminated after disciplinary action taken by the company. I would like to know, am i eligible to get the relieving letter from company. Plz reply
Subin S [9495238817]
subinsukumaran.219@gmail.com
You are eligible for your relieving letter. Seek legal help & send them notice regarding this issue.
Hi,
In case false action is taken by the employers then what employee can do.
Please assist.
I Dinesh was working with Medtronic .
As said by the company that they are going on loss so terminated 75% of employees.
Is this the ground that Medtronic can fire people with this ground.
There are some companies that compensate better during the restructuring seasons. The irony is that almost all companies scout for young talent with glam and presentation skills and forgo the core domain and technical skills with a belief that front ending succeeds best. To accommodate this talent, experience and skilled domain employee is scarified. Later on the companies realize these young talent hired have left them in lurch when the core work is assigned to them and either hop jobs or go abroad for higher studies. Once again, another young talent is scouted for. Seldom do the companies realize that Experience is a product of time and knowledge and not a multiple of currency.
Yes it’s going to prevail because our law makers are all govt beaurocrates who r least bothered for people like us working in pvt sector. They r getting their salary ..why the hell they will take burdens of making or changing laws …
Dear Sir
I resigned recently from my service in an indian company after 16 yrs of service. As per my employment offer letter & annual salary slip, i am entitled to get Superannuation from my employer. However my employer is refusing to pay me without any valid reason now. I came to know that they never paid any of the previous employees who left the organisation. What action i can take against my employer ? Is it valid to claim my superannuation legally ? It seems to me they are willing to pay only upon retirement.
Seema
Sir joined a company at a post of merchandising manager but when my probation period was due to complete offered me one post lower with no proper reason as I worked for 9 months as MM now being offered post as Sr Merchant decided to put my papers but it looks as they have streamlined there work and my requirement by the company was over not found reason to retrench me adopted this way so that I put my papers in this way nothing will come on the company what should one do in sch a case kindly advise
I was worked for 9 years and got transferred to another department working for 6 days a week. Originally Jetairways staff worked for 5 days. It was only me who worked for 6 days on that dept all the other staff worked for 5 days and also got compensatory off, if worked on Saturday. Becoz I refuse to work they forcibly asked me to resign.
I was worked for 9 years and got transferred to another department working for 6 days a week. Originally Jetairways staff worked for 5 days. It was only me who worked for 6 days on that dept all the other staff worked for 5 days and also got compensatory off, if worked on Saturday. Becoz I refuse to work they forcibly asked me to resign.
Good info
I was terminated without any mistake and it was doctors mistake not mine..what to do..? And they are not even giving me my UAN no after asking them soo many times
Hi
I heard sound from my senior ,i will terminate you…without giving appointment letter..:)))) Is that possible
whre my performanece was up to the mark against commitment on offer letter &Everything was on track ..Like payment of presrent business,Business development Etc ..But employer use to pay payment on 35 to 45 days …My mistake as per senior concern, i should not ,ask my senior to pay for my new executive on on time…but iam totally responsible for their results .(Note: 1st mistake from company side ,they said on payroll job ,before joining & comedown with CTC afterwards drag time on performance discussion from 1st Monthitself..whre market was totally collapsed by previous market actvities.finally they deduct PF also on slip & not credited…what indian Labour law says or do for this kind of attitude from Employer)
I have been working on ship recently had heart attack on job on ship medical says light work and they did not hire me again waiting for compensation almost 4 years
Doe’s there rules apply to govt -,aided school teachers in West Bengal ???
Does these rules apply for government- aided school teachers in West Bengal ???
कोण भोष श्री का मानता हे
जबरदस्ती निकाल दिया जाता हे ?
कांटेक्ट बसे जॉब की govt डिपार्टमेंट में फिर भी अपनी माँ चुदवा ली कुत्ते से
9868324217
For any query related to labour laws in Mumbai,
Hi am Ms.Rashmi working in German MNC Company, my vice president is torturing me a lot he has strictly ordered to all employees to dont speak with me he has not gave any work for past one year. he make me to sit simply past one year that too he has hired new employee to do my work, he his giving indirect torture for me past one year no one is not speaking with me no work was assigning me, am became mentally very upset. I have got promoted as a Factory Manager but related that no works are assigning me. am became alone in the office. he is torturing me to give resignation.
India legal system is totally useless in this matter, India,s were having some hopes from BJP Govt. But India Jurididiction system is still very useless, peoples were having some hopes from centre govt. But still there is no hope for years , going for legal redressal is totlally wastege of time and money and geting more mental torturing also.
S.K.Khajuria
I was working with a mnc but was retrenched in feb 2017. a contract was signed between us. when the time came to give out that compensation I was given the amount 10 times less informing me that the amount mentioned in the contract was wrong and what they are actually paying me was as per indian labour law. They informed me even courts would not listen to me as they would side with the company. But my plea is since I was banking on that amount, which I did not get. with that amount I was going to start something new and hence did not search for a job. But this has now created a great dent in my career. my contract was signed in oct 2016 and I was informed of their mistake in apr 2017.
can I log a complaint for a legal redressal.
ALL POLICY ARE WORKING G FOR REPUTED COMPANIES,90% COMPANY NOT FOLLOW RULES REGULATION
IN MY LIFE EXPERIENCE
Would like know in depth regarding the notice periord. What happens if employee doesnt want to serve the notice period?
Also can PL be adjusted against weekly offs during the notice periord and does the employee have to pay for not completing the notice periord?
Dear Sir,
what if company keep rating 1 in appraisal criteria intentionally by giving any non matched reason and said to employee to leave the company in 5 days without any notice, what stand employee can take as he has no any job in his hand and family responsibilities are their to full fill.
I was working with a Pvt sector bank for almost a decade.Have a total experience of 18 years but my last Organisation dismissed me because I became a whistle blower and highlighted the unethical practices that were going on in the Organisation and how my bosses pressurised us to give in to wrong practices.To protect the bosses the bank dismissed me putting false allegations.They did not even give me my retrial benefits notice pay my leave encashments and other benefits.Please let me know in case there is some law which can be of help to me
I worked for xyz co for 19 years and on temporary 9 years, we 20 workers retrenched 6 yrs back, out of these 20 workers 15 accepted and on remaining 5 management revoked retrenchment of 4 including my junior and one who confirmed along with me. I approached labour commissioner ut the matter not solved there he further directed to labour court, what is the way out now matter is in subjudicial for last 6 yrs.
Hi Team ,
My Father has worked in a export import firm for 27 years or more .From last three years he was demanding for hike but they had not given even a single extra penny in that . Also he was very dedicated towards work . but as he was not getting hike from the organisation he was little careless in work so that the owner should realise about the hike.but instead of that he had heated argument with my father due to which my father had asked him for Job resignation. Even that should also happen as per the employment policy he should serve either for three months notice period or he should get the three month salary if owner is not willing to take him further but none of these happened. Please suggest what actions can be against them.
Thanks & Regards
Rishabh
Hi, I have read the Article and I am glad to know there are termination rules in private sector. I was hired for a project, I gave them complete insight within 4 months but they kept me pushing for more research. I was simultaneously asked to handle another project, due to two different departments it was difficult to manage both. I kept my focus on the first project.
Suddenly, one day I was asked to leave. When I asked for the reason, they simply said they don’t need me. I said, how can you fire someone within 6 months without giving them a prior notice? They replied, we do this daily. I was surprised, companies just “hire and fire”. I was not paid any severance nor asked to serve a single day notice period.
Can we take any action against such companies and the management. I hope even they should have fear and pay for such loses. Because, we need to answer the next employer. Our resumes have no answer!
Please kindly, write me back.
Thank You!
my quarry for salary only
how many days salary claim by a senior employee or manager
if terminate on spot
Dear Sir,
I have worked for a oil company in India for 03 years and 09 months. One day during a meeting they have terminated me from the company without assigning any reason. When i asked them for reason in mail they have replied:
“In this connection, please note that your services have been terminated in terms of your contract of employment with the Company, on payment of one months’ basic salary (Rs /-) in lieu of one months’ notice.
Your termination from services is, thus, lawful and in accordance with the specific terms of the contract of employment.
The termination letter issued to you is innocuous and does not cast any stigma.
However, you are well aware of the circumstances leading to your termination which were discussed with you before your services were terminated”
Now have already taken a more than 1.6 months for my final settlement which is still awaited even after regular follow up. They did not give me any warning letter before my termination and i was a good performer. I am a family man and only earning person in my family with a small amount of one month basis salary how a person can live. I am unable to understand how any company can terminate a employee without any prior warning etc.
Please advice. What can i do? Please help.
Company will terminate me due to small requests for stop ing a transfer of a team member our area manager give me a two option give personally apologise latter either company will terminate you even you also give a resinged on the spot kindly look in to the matter or help me guys please
I have left a company without serving the 2 months notice period. Am I eligible for the release letter? What is the right procedure to get it? I requested them several times but they are denying me to provide that.
Hi, I want one of my friend to get back to his job. He worked in dell for 10yrs plus. He was an manager. There was no bad remarks in his history.
A week ago his team employee had raised an HR case on him stating he asked one of his teammate to take a feedback survey and she had given her credentials..
So this is not an harrassment case or some thing like that.
It was a mistake which has no proof that manager had asked to take survey. Now over here the manager has been terminated stating ethics compliance. But why didn’t they terminate other employee who given her credentials and other person who took survey instead of her.
Why did they terminate my friend. Atleast they would have given a warning letter or suspended for some days. But they directly terminated him. Now he has a commitments. He has his family dependent on him. Who’s responsible for this.
I need someone to take an action on this. And help my friend to get his job back.
Dear Sir,
I was worked for Delhi since October 2018 to July 2019, in December 2018 company asked abut vacation plan of 2019 in advance and i given him on his format via mail, in 2019 before vacation i fulfill vacation form and got approval 1 month before of my travelling date. but when i was travelling that was Saturday and after office when i was in flight company sent me termination of contract mail at 6:20/6:24 PM without any reason and without any clause only he mentioned 2 month of notice period, i was sign permanent contract with Pvt Ltd Company.
In the time of final settlement he merged my approved leave in 2 months of notice for example: from 03 June 19 to 13 June 19 i was on vacation because i was having EL+CL+Eid Holiday and vacation paper was approved my Manager/Management. In that case termination of contract Notice period will start from 14 June 19 to 2 Months Calendar Date because that’s my own leave and its approved.
I send him mail regarding my leave and reason of termination of contract but he didn’t reply any things, he given me final settlement paper for signature but i mentioned comments on that paper regarding settlement.
i was sending him reminder but no any reply, lastly he called me in his Noida office for discussion and by forcely and by presser with some another peoples he took my signature on settlement paper and also he took my signature on resignation paper when i asked him i didnt resign the company then he reply if you will not sign on these paper you cannot go from here and also company will not provide any amount to you.
please suggest me if company terminated permanent employment contract without any clause and can company merged that approved leave/vacation in termination of contract in notice period??
Because as per my knowledge he must have to pay 2 months of salary + approved vacation salary but he paid only 2 months of salary when i asked he replied you taken your vacation so its calculated in notice period.
please advice. i was also given mail “company is ignoring my call and mail” but there is no any reply of any such mail.
if company terminated employment contract after 10 months of service without any reason then i was eligible for gratuity or not???
He paid June and July salary + 4 months of Bonus what he was deducting monthly from our CTC + 1 unpaid leave (unpaid leave also calculated wrong).
Please advice us.
I am working with a MNC as GM for the last thirteen years. I am sked to resign with a notice period of two months stating I am not not properly utilised. I am left 35 monts service to retire.
Can i legally get compensation??
sir i joined in a private organisation through man power consultant( agency staff). after a year my service has been terminated without any notice. i asked the company staff and they told project completed. now for survival what to do and how to proceed for compensation.
It is My Question with all the concern member ..
i have terminated from the organisation with given the reason misconduct. employer also suspended to me before termination and after that they have terminated to me without any discussion with me. when i ask to inquiry report then they have denied it after multiple follow up and also not share the CCTV footage in case of manhandling.. so i can get justice if i have file the case…
Hello sir i am working with NBFC company since 2014 , now this Lockdown period company force to me for resign, if i not giving resignation my manage tell me company will terminated, what should i do now?? I am giving my 6year in company, and now my age is 37 year, what should i do????, please guide me
I was associated with a company as manager since one year. Company is under construction and having around 10 employees. Most of them are managers and management has not issued the appointment letter to none of them. Unfortunately on dated 31.03.2020 Management has terminated my services with immediate effects by sending a mail to my personal mail id and committed to pay one month salary as Severance Pay. But till today dated on 03.06.2020 i have not got my Severance Pay. Even the salary of my working days was given too late and in fractions. What should i do? what are options with us. Does this termination null and void if they have not cleared my full n final payments. Kindly advice us .
Can an Employer terminate and employee who has rendered 6 years of service with consistently performing more than above the required parameters only on the grounds after 6 years and has been promoted for the next level and the company says that the reasons for termination is INCOMPLETE EDUCATION QUALIFICATIONS and and Integrity issue. Can I approach the Court of Law.
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